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Beit Midrash
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The following is the Shulchan Aruch’s (Choshen Mishpat 104:1) rule for precedence among creditors when there is not enough property to go around for all. Whoever has the earlier date on his contract with the debtor is first to receive payment, whether it be to be paid from the real estate or from movable objects. This is true even if the payment date for the later creditor comes before that of the earlier creditor. He continues that if one who came later went and received payment from real estate before his turn, the property is taken away from him. Only when the rights of the two creditors started on the same day would we say that taking control of the property gives precedence to the one who did so (Shulchan Aruch ibid.:8).
One should point out that even in a case where taking control of the real estate has an impact, that is only when it was done with the involvement of beit din. This is because taking control without beit din estimating the value of the property is not valid. The way to have taken control improperly but in a somewhat valid manner is if the creditor can convince beit din that there are no creditors that have precedence over him and later on it will emerge that someone else did. In any case, squatters will gain nothing and may even be obligated to pay rent to the owner, and they are perhaps in the meantime in violation of theft.
The above applies to real estate, but the picture is different regarding movable objects (S’ma 104:1), for the following reason. One’s real estate becomes meshubad (subject to a lien) to the creditor from the time of the loan, as is recorded in a contract. The result of the lien is that payment can be executed from the property even if it was subsequently sold to another. Whoever holds the earlier contract has the earlier lien, which enables him to take it even from the other creditor who received the loan as payment (which makes it no more his than had he bought it). Regarding movable objects, there are no liens and therefore it makes no difference when the loan took place, in their regard. Actual possession of the objects, even if done outside the framework of beit din, is effective for movables, and the earlier creditor cannot remove the object from the "seizer’s" possession.
What happens if one does not actually seize movable objects but asks beit din to seize the objects on his behalf. The Shach (104:6) says that beit din would split the property equally among the creditors, regardless of who demanded the action. According to the S’ma (104:1), this is so regarding movable objects even if one with the earlier contract comes before beit din.
P'ninat Mishpat (829)
Various Rabbis
129 - Firing Teachers
130 - Precedence in the Payment of Multiple Debts
131 - Precedence in the Payment of Multiple Debts
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P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
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.
