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Beit Midrash
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Ruling: [In the last issue, we saw that the tables were flawed but that the time for complaining about that situation had already passed. Now we will focus on the sources regarding how long one has to complain about flawed merchandise.]
When the complaint one has with a purchase is that the price is significantly too high, the buyer can return it only within the amount of time it takes to show the merchandise to someone who understands such an object’s price (Bava Metzia 49b). However, in regard to a flaw in the merchandise, the rule is different. The Rambam (Mechira 15:2) says that one can return it even after years but not if he used the object after he discovered the flaw, for the use of the object is considered mechilla (relinquishing of rights) of the ability to return it. The Maggid Mishneh (ad loc.) cites an opinion that if the object is something that can be tested out for the flaw and he did not bother to do it, he can no longer return the object. The Mishneh Lamelech and others understood that the Rambam and the Rif do not agree with this opinion and that even if it was possible to test the purchased item, if he did not previously discover the problem, he can return it when he finds out.
There are different opinions in the Acharonim as to whether we accept the Maggid Mishneh’s opinion. The S’ma (332:10) does cite it. The Netivot seems to accept the opinion, just that he adds that this is only if he used it after the time he could have discovered the flaw. Yehuda Yaaleh (II:223) says that if there are concrete grounds for concern that there are flaws and he did not check, then all should agree that there was mechilla of the possibility to return.
According to the Maggid Mishneh’s opinion, there is no question that pl cannot demand return of the tables. Even according to those who argue, it is still clear that pl must have been aware of the problem, in which case, their lack of filing a formal complaint in a timely manner indicates mechilla.
P'ninat Mishpat (829)
Various Rabbis
229 - Unfair Competition?
230 - Late Return of Flawed Furniture
231 - Disqualifying Judges
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
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: Undoing a Problematic Partnership – part I
based on ruling 84061 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
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 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.
