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Beit Midrash
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Case: After Leib Segal died, Aharon presented a bill of debt against him for the sum of 10 red coins plus profits. Leib’s inheritors claim that, to the contrary, they heard their father bemoan the difficulties of extracting long overdue payment from Aharon. They also found among their father’s papers two open notes signed by Aharon, and they do not know what specific claims and defenses to make.
Ruling: There are a few halachic doubts to be considered. The S’ma says that if one possesses a mamrani (a note of debt from a specific person without a specific recipient) with the amount left open, the one who possesses it is believed with the claim of any sum he makes. While Leib Segal’s sons cannot make endless claims without knowledge of how much Aharon owed their father, they can claim that since their father complained of Aharon owing him, the amount was at least as much as he "owed" Aharon.
P'ninat Mishpat (829)
Various Rabbis
373 - A Third Dayan Who Was a Relative
374 - Offsetting Obligations of a Deceased
375 - Offsetting Obligations of a Deceased
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Even if Leib’s sons had not heard their father’s complaints, Aharon might not be able to receive payment based on his contract of debt against Leib. The reason that one who presents a contract of debt can extract payment from the borrower’s inheritors, and we do not consider that the debt had been paid, is that we say that had there been payment, the borrower would have taken back the contract. In this case, Leib might not have cared about leaving the contract in Aharon’s possession because he had open notes from Aharon which could counteract an attempt at a second demand of payment. Any claim that Leib could have made, we make on behalf of his inheritors. There are other cases where we use subjective logic to determine that the presence of the contract in the hands of the lender does not mean the debt was not paid. The Maggid Mishneh (Malveh 14:10) says that a borrower can claim previous payment against a promissory note that is not signed but is written in his hand writing for the following reason. Since the note cannot be used to extract money from those who bought property from the borrower, we say the borrower is not afraid to leave the note because he can always sell his property to get out of paying. It is easier to apply a parallel argument in our case.
We can also argue that the open notes that Aharon gave Leib were done as a receipt for Leib’s payment of debt. This makes sense if, for example, it was written when the parties did not remember how much money had been paid. It is also possible that the notes Leib had were an informal document that some call a shtar pitzuy, which are not unusual.
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: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 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.
