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Beit Midrash
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- P'ninat Mishpat
The mishna (Bava Metzia 81b) says that if one asks his friend to watch something for him and the latter says, "place it before me," he is a shomer chinam (an unpaid watchman). The gemara says that acceptance of being a shomer obligates him. Tosafot (ibid. 89a) says that the obligation is not dependent on there having been a kinyan. As opposed to the Rambam, they posit that kinyan is relevant only regarding backing out. According to the Rambam, the gemara must be discussing a case where the object was in the shomer’s domain, a situation which is itself a kinyan (chatzer) when he accepted the shemira. The Ran cites a compromise opinion. Regarding a borrower and a renter, who have rights in the object which require a kinyan, their obligations are also dependent on it. Regarding a simple shomer, where kinyan is not naturally relevant, the obligations begin when he accepts to watch the object. The Ran himself feels that regarding a paid shomer, the kinyan is significant as it represents the beginning of the work for which he is paid and thus becomes responsible too. Conceptually, both opinions in the Ran are like Tosafot, just that the kinyan becomes a significant indicators if it creates new rights.
One can ask, according to Tosafot: what actually obligates the shomer before a kinyan, which is usually that which creates monetary consequences? The K’tzot Hachoshen (307:1) says that a shomer is like a worker, in regard to whom the beginning of the work is the time that the mutual obligations and rights begin. This is not simple for two reasons: he admits that according to the Ran, it is kinyan, not the beginning of work, that begins the consequences; it is not clear that a shomer chinam is a worker.
The stronger explanation seems to be along the lines of arev (a guarantor). The gemara (end of Bava Batra) says that if one is willing to lend money only if there is an arev, the arev becomes obligated by the loan if necessary without a kinyan. Many learn a broad concept from here: one becomes obligated by an assurance he gives someone where the latter acted based on the assurance. This applies in the case of a shomer, as the object’s owner leaves the object based on the shomer’s assurance that he is watching it and will pay if he fails to do so properly.
P'ninat Mishpat (829)
Various Rabbis
105 - A Shomer Who Gave to Another Shomer
106 - The Manner in Which a Shomer Becomes Obligated
107 - Dayanim With Authentic Semicha
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
