In conclusion, I will note that in the framework of her summaries, the plaintiff devoted an extensive scope to the claim that in practice the defendant entered the transaction permit clause in bad faith, since she did not intend to give it validity. However, there is no substance to this argument - as detailed above - from the outset, and according to Halacha there are two possibilities for the application of the rule according to the transaction permit, and in accordance with one of them, the terms of a "regular" loan agreement can also be applied. I will note that without derogating from my determination that the intention in this case was that the transaction would be a loan transaction and not an investment transaction - in any case Feldman did not exist for the other possibility - that is, he did not announce that he was taking a strict oath in accordance with the requirements of the halakha.
- In light of the aforesaid and detailed, I find that the plaintiff's argument should be rejected, and accordingly, in light of the inclusion of the "transaction permit" clause in the agreement, she is obligated to return the loan principal only, and I determine that in the present case, the inclusion of the clause does not derogate from the provisions of the loan agreement or its appendices.
Conclusion;
- In light of the aforesaid and the details, and since all of the plaintiff's arguments were rejected and accordingly the provisions of the agreement, as well as the appendices thereto and the debt arrangements that were signed thereafter, the claim is dismissed.
- The plaintiff will bear the defendant's expenses in the sum of ILS 75,000. I will note that in the costs ruling, I also reflected the expenses in the amount of ILS 25,000 that were awarded as part of the interim relief, as well as the fact that the defendant bore the expenses of the witness - Adv. Winder in the amount of ILS 1,000 plus VAT.
- Accordingly, the order dated June 29, 2023, which prevents the defendant from continuing the execution proceedings in case 501920-12-21, including continuing the proceedings for the realization of the apartment, is revoked.
- The parties will submit within 14 days their position regarding the financial guarantee in the amount of ILS 175,000 that was deposited as a condition for the injunction to come into effect.
- The Secretariat will communicate the judgment to the parties.
Given today, 1 Nissan 5786, March 19, 2026, in the absence of the parties.