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Beit Midrash
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This week we will present the guidelines in regard to the use of Hotza’ah Lapo’al, the governmental arm for the collection of debt.
Collection
1. The collection of debt is within the responsibilities of beit din.
2. One who is awarded money in a ruling of beit din may turn to Hotza’ah Lapo’al when the other litigant does not carry out the ruling and may, in addition to receiving the reward, be reimbursed for the expenses of extracting payment.
3. Hotza’ah Lapo’al, as opposed to beit din, levies interest payments against the person who owes the money and did not pay. It is permitted to accept those charges either as a penalty payment (see Yam Shel Shlomo, Bava Kama 9:30) or as compensation for lost profit (Mishpatecha L’Yaakov II, p. 116).
P'ninat Mishpat (829)
Various Rabbis
279 - Guidelines for Peshara
280 - Guidelines for Collection of Awards
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4. Part of the task of a beit din is to determine the ability of the obligor to pay (Shulchan Aruch, Choshen Mishpat 97). Therefore, when he asks beit din to make a reasonable schedule of payment, beit din should agree to deal with the request, instead of sending the parties to Hotza’ah Lapo’al. (Standard payment through beit din is within 30 days.)
5. When the obligor asks for the spreading of payment over a very long period of time and it is not clear that his request is in accord with halacha, it is possible to submit the matter to Hotza’ah Lapo’al, who have the ability to perform a professional evaluation of his ability to pay. (Not only is this their specialization, but they also have access to financial records that beit din does not have).
Executing the Payment of Checks
6. The recipient of a check may turn to Hotza’ah Lapo’al to extract payment when the subject of the check is a debt about which there is no real legal dispute. This does not require the permission of beit din (Rav Eliyahu, Techumin III, p. 244).
7. If the obligor objects to the claim of debt, a proceeding in beit din is required.
8. It is proper to turn to beit din to approve the process at Hotza’ah Lapo’al, which can allow one to receive expenses that Hotza’ah Lapo’al may put on the other party.
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: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 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.
