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Beit Midrash
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- P'ninat Mishpat
An agreement made in public (with three members of the community present) does not even need a kinyan to make it binding (Mordechai, Bava Metzia). The Netivot (333) asks why this concept is not found broadly and reasons that it applies only regarding matters of mitzvot. The Mordechai is discussing a Torah teacher, and the Rama (Shut 50) applies it to the appointment of a community rabbi. We can similarly apply it to one who is writing a sefer Torah on behalf of a chevra. While the Mordechai mentions the involvement of the seven leaders of the community, it appears that their involvement is not a necessity in this regard. In any case, since we are discussing an association within the community, it is likely that its gabbaim have the status of the seven leaders of the community.
Another reason not to allow the switching of sofrim is that the Shach (Yoreh Deah 280:9) rules that if there is a need to redo part of a sefer Torah, efforts should be made to have the original sofer do it because a sefer Torah with different handwritings is less respectable. How then can the gabbaim willingly initiate a change which the Shach considers to be regrettable?
The main point, though, is that in general, once a worker starts a set job, he cannot be removed without due cause. The new gabbaim are bound by the commitments of the previous ones. Additionally, the sofer continued writing during the tenure of the second set of gabbaim. One should not claim that since the unit discussed was a yeri’ah, they can discontinue his employment between yeri’ot, because the normal unit for a sefer Torah is a whole sefer (see Shach ibid.). Yeriot were mentioned in the context of providing partial compensation to the sofer without having to wait until the completion of the whole sefer.
Regarding the complaint that the sofer used patches, in violation of instructions, on one level we can say that since the sofer presented many yeri’ot to the chevra and no one had complained, they accepted the quality of his work. It is admittedly not clear if we should assume they relinquished their right to complain when they received them without complaint or if the lack of protest is significant only from the time they started using it. However, since the sofer is willing to replace the yeri’ot that have patches, this complaint is not grounds for his removal.
P'ninat Mishpat (827)
Various Rabbis
297 - Disqualifying the Sale of Public Property
298 - Switching the Sofer in the Midst
299 - Competition Between the Licensed and the Not Licensed
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P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 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: Return of Down Payment Due to War – part I
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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.
Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
