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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 (829)
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: 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: Return of Down Payment Due to War – part I
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 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.
