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Ruling : It is clear that both bc and def are considered the receivers of services. Therefore, the case is parallel to that of two people who take a loan together, where the halacha is that they are both considered borrowers of half of the sum and cosigners on the other half (Shulchan Aruch, Choshen Mishpat 77:1). Derivations from the Torah are brought to justify this halacha, suggesting that it is a special halacha, which one might want to claim only applies in certain cases. However, that is only in regard to the status of cosigner, whereas the determination of the status of joint borrowers is based on simple logic (S’ma and Shach ad loc.)
The fact that a representative of def is initialed on the pages of the contract in which all the details of the mutual obligations are found is considered by common practice to be an agreement to the conditions. It appears that the lack of signature on the last page is an oversight. However, even if this is not so, bc’s obligation would by means of contract whereas def would have shown that it is an obligated party to the work done, obligated based on oral agreement.
The fact that bc is described as the one who will pay does not mean that def is not obligated monetarily. Bc’s obligation to pay can be as an arm of def, which takes care of its obligations regarding the building, or as an arev kablan, an especially involved guarantor. Neither precludes def’s basic obligation. Several other clauses in the contract refer to the mazmin as paying, and the mazmin is defined as being bc and def. The down payment is described once as being made by bc and once as by the mazmin. This is to be understood as the "two-headed mazmin" being obligated to pay the down payment and bc carrying it out in practice.
Therefore, we find that def is improperly trying to use technicalities to extricate themselves from a clear obligation and should pay their half promptly.
P'ninat Mishpat (829)
Various Rabbis
269 - Is a Downpayment Given to a Lawyer Binding?
270 - Joint Responsibility Through
271 - To Adjudicate in Israel or In the Defendant’s City?
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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: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 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.
