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Ruling:Def insists that pl did not clearly state before giving the equipment that it was a loan during dil’s employment. She does not preclude the possibility that this was pl’s intention, at some point. She acknowledges that pl’s son said that pl made it clear to him at some point that this was her intention, and def admits he is very honest.
There is a general rule that devarim shebalev (thoughts one did not stipulate) are not impactful in interactions with others (Kiddushin 49b). The question is whether that is because the other side can deny he had that intention or whether an intention alone is valueless even if it can be proved that it existed. This is relevant here if def believes pl’s son about his mother’s intention. This point is the subject of a machloket between Rishonim (see Mordechai, Ketubot 254) and Acharonim (see Chelkat Mechokek 42:4 and Chacham Tzvi 115). The more accepted opinion is that devarim shebalev do not impact an agreement even if they existed. In this case, pl’s case is strengthened by the opinion cited in the Rama (Choshen Mishpat 207:4) that regarding presents, devarim shebalev count. Furthermore, def does not dismiss the possibility that pl expressed her intentions, just that it was in a manner that she either did not hear or did not internalize. Furthermore, it is not clear that our case is one of devarim shebalev, which is usually employed to undo a transaction that occurred under certain circumstances. In this case, according to pl, there never was a present.
While it would be difficult for pl to extract money based on her claimed but unproven intentions, def’s written admission is pertinent. One is not able to claim that a signed, written admission is invalid based on different claims that it was not sincere (Shulchan Aruch, CM 81:17). Therefore, beit din holds def to the contents of the admission (that the equipment was borrowed) according to its conditions (that the lending period was until pl’s close relative opens a pre-school).
P'ninat Mishpat (829)
Various Rabbis
242 - The Return of Equipment
243 - The Return of Equipment that Was Given or Lent
244 - Closing the Door on the Window Maker
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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: Late and Flawed Apartment
based on ruling 82174 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.
