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Reuven gave a house to Shimon as collateral for a loan before going abroad. When Reuven returned and wanted to pay his loan and claim back his house, he found that the partitions between his part of the property and his partner’s property were missing. Shimon said that he received the property without partitions and that if there were partitions, he didn’t want them because he was afraid the non-Jewish inhabitants would destroy them. He added that if there were partitions, it was Shimon’s father who had installed them.
The various contradictory claims that Shimon presented regarding the existence of partitions or lack thereof prove that one cannot take any of them seriously. His main claim is that he did not receive the partitions, which he supports by the fact that the document that stipulates the details of the collateral arrangement do not mention them. However, since partitions that are part of a property are considered part and parcel of the property, they are included unless the document explicitly states that they are excluded (witnesses to an oral stipulation would not suffice).
It is also not clear why the presence of non-Jews in the property is relevant to Shimon’s refusal to accept the partitions because even if the non-Jews would cause damage to the property, Shimon would not bear responsibility for them, if indeed it was Reuven who brought them in as tenants. Rather Shimon would just have to return the materials of the now broken partition to Reuven. If, though, it was Shimon who brought the non-Jewish tenants to live in the house, then he is responsible for the damage they caused, as he should have known they would be dangerous [Ed. Note- presumably, in those times, it was not feasible for a Jew to sue a non-Jew for damage he caused.] Certainly, if Shimon is the one who took down the partition, he is obligated to rebuild it.
P'ninat Mishpat (829)
Various Rabbis
282 - Responsibility for Collateral
283 - The Right to Rent in 16th Century Turkey
284 - A Donation That “Destroys” a Shul
Load More

P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 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

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

P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts

Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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.








