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Beit Midrash
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- P'ninat Mishpat
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 (829)
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: Undoing a Problematic Partnership – part I
based on ruling 84061 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: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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.
