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Beit Midrash
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- P'ninat Mishpat
An appeal to a previous ruling was presented to the Supreme Religious Court on a regional court ruling more than thirty days after the ruling was rendered. The Regulations on Adjudication state that appeals must be made within thirty days of the rendering of the ruling to be appealed. If the sides were not informed in advance of the date the ruling would be handed down, then the sides have thirty days from the time they were informed that the ruling was given.
In this case, the plaintiff’s lawyer found out about the handing down of the ruling from the opposing side, who faxed him a copy of the ruling. The plaintiff claims that the quality of the fax was not good so that sections were not effectively received. The lawyers of the two sides met soon thereafter. The plaintiff received the official copy from the court, for some reason, a few weeks later, and the appeal was made within thirty days of that time.
In general, in such matters, the rabbinical courts to do not quibble over the fine details of deadlines and procedure when there is a need to clarify a matter of concern in the carriage of justice. However, in this case, where adjudication has been going on between the Bavlis for sixteen years, in a variety of forums, with endless energy and legal costs involved, there is an interest to put an end to further adjudication. While the name Bavli has become a major part of the public and legal world’s language, there are people who stand behind that name. Those people deserve closure, not the opportunity to provide the legal world with more interesting rulings. Therefore, we will follow the strict letter of the law and refuse to hear the appeal on procedural grounds.
The Regulations of Adjudication do not state that the side that wants to appeal must receive a copy of the ruling from the offices of the court in order for the thirty-day limit to begin to be counted. It says that the sides must know that it was given. In this case, not only did they receive a fax of the ruling, but the two lawyers met to discuss the ruling more than thirty days before the appeal. In fact, many lawyers throughout the country received copies of the ruling by that time. Therefore, it is inconceivable that the plaintiff was not aware of the ruling just because the official copy was delayed in arriving.
P'ninat Mishpat (826)
Various Rabbis
191 - Freezing of Assets for Spousal Reconciliation
192 - Rejection of a Late Request for Appeal
193 - Levying Fines for Infringement on Intellectual Rights
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P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 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
Rabbis in Midrash
Lessons
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Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
