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There is a new phenomenon which has come to destroy and to be masig g’vul (enter the domain of an existing business). There are stores in the region who have already paid for their franchise from the king to be involved in usury, and now others are coming, some clandestinely and some openly, to buy rights from the king so that they too can lend with interest. In doing so, they have ignored the cherem (ban) that has always been in place within the Italian community on this matter. It is also pertinent that we do not follow the opinion of Rabbeinu Tam which says that it is enough for someone to be willing to take part in the local taxes in order to have the right to compete with local businesses (see Bava Batra 21b). Rather, we hold like Rashi that he must have been taking part in paying local taxes beforehand.
Therefore, these people will be punished for violating the local established rules of following Rashi on the question of hasagat g’vul and for violating the specific cherem in regard to establishments of usury. This is also included in the older cherem of Rabbeinu Gershom not to take away from another Jew’s franchise arrangement regarding the renting of houses, [as this is a similar type of financial construct, as applied to a different time and place]. This is all the more so if the original business paid money while being told they were receiving exclusive rights. The idea of equating the rules for the two different types of franchises was the ruling of my grandfather Rav Yehuda Mintz for the community of Padua.
I have also heard that this bad practice has begun to take place in the community of Orkaneilo, as well. Therefore I am telling them and anyone else who reads these words that whoever has acted in this way requires atonement for their past deeds, and if they will purposely act this way after reading my words, they are to be excommunicated.
If someone who is involved in these practices has reason to think that these rules do not apply in his case, he should go to a nearby beit din to ascertain what the Torah says on the matter. The one condition is that the rabbi should not be under the same government and that the owner of the first business should be present. Let the two present their arguments and follow the ruling they will receive.
P'ninat Mishpat (829)
Various Rabbis
303 - Back Pay for a Rabbi
304 - Hasagat G’vul Regarding with the Government
305 - Participation in the Expenses
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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: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 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
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.
