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Beit Midrash
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Ruling: [The first installment will deal with def’s claim that he should not be bound by the conditions of the contract that he had not read.]
The Rashba, in a few reponsa, deals with the claim of one who said he did not understand part of an agreement to which he ostensibly obligated himself. In one place (V, 228) he rejects such a claim, pointing out that otherwise one could never be held to even a valid agreement.
In contrast, in a responsum (I, 1156) about a bride who signed a document stating that a certain property was not hers, the Rashba writes: "she makes a strong claim when saying that she did not understand or hear the contents of the document, because we all know that a bride is not heedful to what it says in her ketuba." In another responsum, about a document written in a language that the party did not understand, the Rashba writes that we can assume that he relied on his advisers and obligated himself in whatever is written in the document. In that case, we see that knowing that he does not understand is actually reason to be obligated.
Some say that the Rashba changed his mind. The Knesset Hagedola (CM 147:8) suggests two ways of reconciling the response: 1) One cannot claim ignorance on major clauses, but can deny acceptance of side points. 2) We must decide, based on the person who obligated himself, whether it makes sense that he did not know.
In general, the Shulchan Aruch and Rama (CM 61:13) say that one cannot claim that he was unaware of the document’s contents. However, some claim that in extreme cases, we would say that the one obligating himself did not understand. For example, the Mishneh Halachot (XVII, 98) says that if one signed an arbitration agreement that accepts a ruling even if it is based on an outright mistake, we can assume he did not to agree to such an illogical condition.
In our case, none of the reasons to assume that def did not accept the condition applies. The stipulation in question is at the heart of the matter. A normal renter reads a rental agreement, certainly if he signed it himself. The condition of paying until the end of the rental period is not illogical. Therefore, the stipulation of paying until the end of the rental period even if the renter moves out is valid.
[Next time we will investigate whether the condition is valid under unusual circumstances.]
P'ninat Mishpat (825)
Various Rabbis
225 - Pay for Imperfect Work
226 - Aborted Rental
227 - Unsigned Estimates for a Contractor
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P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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
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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
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Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.