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Ruling: Beit din had the furniture measured, and this indicated that there is less leg space at the tables than at the benches. Beit din’s representative went to confirm that this causes seating to be somewhat uncomfortable. In two other shuls in the area, where def told beit din that they have sold merchandise, the legs of the tables were done properly. The Rambam (Mechira 15:6) says that what is considered a flaw in a sales object depends on the society’s standards. By modern standards, such merchandise is unacceptable.
The question, then, is about the promptness of pl’s complaints. While pl spoke generally about informing def of the problem, they do not have specific details about whom they spoke to and when, prior to an official letter to def that was dated almost two years after delivery of the tables. Even if they turned to def much earlier, it still was apparently not near the time of the sale, as def made another order of furniture some six months after the one in question. It is hard to believe that pl would have made a new order during a time that their complaints over a serious flaw in the original merchandise went unanswered. While it may take longer for a public client to deal seriously with problems than it would a private one, six months should have been plenty time for complaints to have been lodged. Apparently, then, the people in charge at pl did not feel it was important enough to immediately register an official complaint.
[Next week we will deal with the sources on delayed complaint on flaws.] In the final analysis, according to the letter of the law, pl cannot demand new merchandise. However, based on the authority to impose peshara, beit din obligates def to enable pl to order replacement tables at 20% off the regular price (which it had submitted to beit din). Def should deliver the new furniture for free at a time that can be worked out when they are making another delivery within the general vicinity.
P'ninat Mishpat (829)
Various Rabbis
225 - Payment for Court Expenses
226 - Late Return of Flawed Furniture
227 - Unfair Competition?
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P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 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
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 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.
