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Beit Midrash
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The mishna (Bava Metzia 98b) says that if a borrower sends the borrowed object back to the owner even with the owner’s children or servants, it is still the borrower’s responsibility. We see then that returning the object to members of the owner’s household is not like returning it to the owner himself. The rationale is along the lines of Rabbi Elazar’s statement (Bava Kama 57a): all cases of returning must be with the owner’s knowledge, except returning a lost item, where the Torah indicates that there are multiple ways of returning it.
[There are several new ideas in this short ruling of the Rashba. For one, the mishna in Bava Metzia is talking about returning the item to a member of the household outside the domain of the owner, in which case it is not considered having been returned to the owner. When it is put in his house, where it is objectively returned, except for in regard to the owner’s awareness, one could have argued that the knowledge of a responsible member of his household would suffice.
The Beit Yosef (Choshen Mishpat 340:8) mentions this statement of the Rashba and while he does not codify it in the Shulchan Aruch, the Rama (CM 340:8) does, and it is likely that the Shulchan Aruch agrees. The S’ma (340:12) is troubled by the following, which is likely related to our aforementioned comment. There is a rule that when one gives something to a homeowner to be watched without stipulation, he should assume that the members of the household will be handling and assume responsibility for it as well. The S’ma reasons that just as the one who gave an object for watching cannot complain when household members watch it, so too the owner cannot complain that returning it to household members is not like giving it to him. The S’ma claims that the Rashba’s statement is true only regarding a sho’el (a borrower), who has extra obligations because he is the recipient of a favor. (The Rashba’s stated reason does not seem in line with that distinction.)
The Netivot Hamishpat (340:13) cites the S’ma and suggests the following distinction. When a wife is involved in her husband’s business transactions, then giving something to her is equivalent to giving it to her husband in regard to everything, including when a borrower returns an object or pays back a loan. In the case of a wife who is generally trusted by her husband but is not involved in his business, the S’ma’s distinction between borrowers and other watchmen of the owner’s property is correct.
Presumably, the assumption of which wife has what status is dependent on various subjective matters, including but not limited to the norms of the time and place and whether the object is of a household nature or a commercial nature.]
P'ninat Mishpat (829)
Various Rabbis
259 - Claim that One Paid an Award
260 - Returning an Owner’s Family Members
261 - Divorce After a Non-Halachic Wedding
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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: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 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 Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 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.
