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Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
(from Hemdat Mishpat, rulings of the Eretz Hemdah-Gazit Rabbinical Courts)
Case:The plaintiff (=pl) and the defendant (=def) signed a zichron devarim (a preliminary but binding sales contract) stating that def was selling a plot of land to pl. Pl paid def $80,000 as a down payment. While Levi was the land’s owner in the Land Registry, the zichron devarim stated that def had exclusive rights to buy the field from Levi. This was false, and Levi actually sold the land to someone else. Pl is suing def based on two complaints: 1) for causing pl to believe that def had the ability to buy the field on his behalf; 2) for not taking the necessary steps to acquire the field. Def responded that pl knew that he could not ensure purchase of the plot for pl and that since Levi tricked him, he is not to blame for not securing the purchase.
Ruling:Since pl asked for and was granted a three-way meeting with Levi, it is quite clear that he knew about the legal status of the land and that def’s assertion he could obtain the land for pl was based on trust. It is strange that def signed a document that mentions that he had legal rights. Nevertheless, under the circumstances, that is not a sufficient indication that def tricked pl.
P'ninat Mishpat (829)
Various Rabbis
243 - Laying Off a Worker During Pregnancy
244 - Laying Off a An Unauthorized Sale
245 - Returning Tuition When a Student Was Expelled – part I
Load More
Rabbi Akiva Eiger (Shut I:134) says that the seller’s obligation applies only when the seller deceived the buyer into thinking he owned the item. He says that it also applies only to movable objects, apparently because they can be bought anywhere, whereas specific land can be bought from only a single owner. The Netivot Hamishpat (60:10) says that the seller’s obligation begins only if and when the item enters his possession, as one cannot be obligated in something that is beyond his capabilities. Rav Shlomo Kluger (to Choshen Mishpat 60:6) says that there is an obligation to obtain it, but not if there are extenuating circumstances, including that the price went up significantly in the interim.
According to all the opinions we have seen, pl cannot hold def responsible for his failure to secure the sale on his behalf.
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 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.
