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Beit Midrash
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Ruling: There is a machloket among Rishonim regarding the case of a renter who was prevented from continuing the rental. The Rashba says that even if the renter died, payment should continue. The Maharam says that in such a case, the renter is exempt. The Shulchan Aruch accepts the Rashba’s opinion. The Rama says that the question is unsreolved, and therefore whoever controls the money, keeps it. In our case, since pl paid, she is not entitled to a refund.
One could say that the payment to an assisted-living home is different than renting a home. In the latter case, the rental is like temporary buying and once this is done, there is no backing out. In contrast, regarding assisted living, one is paying for services, and we should compare it to one who hires a worker and then does not need him. (We do not need to get into the particulars of that issue because of the following).
Pl signed an explicit contract stating that the money would not be refundable, including in the case of death. The claim of being pressured into signing the contract is not valid because it is common for agreements to be made under a variety of situations of pressure, and an agreement is still an agreement. One can consider the possibility that the law of the land precludes unfair contracts, especially standardized ones where the weaker party has little ability to negotiate. In this case, though, the condition is fair. It is normal to pay in a manner of no refunds for a single unit of time, certainly for a month at a time. This allows both sides to plan their finances, as def explained sufficiently. Def’s willingness to return a fifth of the payment is beyond the letter of the law but will be made a binding gesture with this ruling.
P'ninat Mishpat (829)
Various Rabbis
203 - An Agent for a Get Who is Not Torah Observant
204 - Return of Money After Unused Services
205 - Educational Violence?
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P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 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.
