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Beit Midrash
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Case: Beit din appointed Reuven as a guardian to assist orphans, with instructions to do his best with the funds they inherited, including securing payment of debts to the deceased. Reuven worked hard to receive payment from debtors, and then lent out the money to reliable people with liens on real estate, loan contracts, and collateral. However, he lent out 25 gold coins to Shimon just based on a loan contract because he considered Shimon particularly reliable and G-d-fearing, and Reuven had his own successful business dealings with Shimon. Reuven reaped some profits on behalf of the orphans from Shimon but left the principle in his hands. One day, Shimon went on a mission ofmitzva, along with significant cash to buy merchandise for subsequent sale, and he has not been heard from since then. It is unclear whether he died or was captured by bandits, etc. The orphans’ relatives are now suing Reuven for investing the money without proper collateral. Reuven responds that he did not want the orphans’ money "sitting idly" and that he had acted with their money as he had with his own. They responded that he should have been more careful with orphans’ money.
Ruling: If beit din explicitly said that Reuven can do as he sees fit with the orphan’s money, then even if the regular halacha is that a guardian needs to take very safe collateral (see Shulchan Aruch, Choshen Mishpat 290:8), Reuven is still exempt. If there was not explicit broad authority, then Reuven would be obligated. Reuven cannot exempt himself based on the Ramban’s minority opinion that a guardian is exempt from payment even if he was negligent. That is because lending money without proper collateral is not called negligence but active damage since he actually gave money to someone to whom he should not have. This may depend on the different opinions (Rama, CM 301:1) whether a watchman who gave to another watchman is viewed as negligence or is worse than that. It is hard to understand, though, how to invoke the Ramban, who did not say his opinion in the case of a beit din-appointed guardian. There is no halachic logic to distinguish between individual guardians based on the likelihood that they would refrain from the appointment if they are financially liable.
P'ninat Mishpat (829)
Various Rabbis
387 - A Woman who Relinquished Rights to her Ketuba
388 - Responsibility of a Guardian
389 - Delay in Return of Rented Horse Due to Predictable Flooding
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The guardian certainly does not have a right to demand a salary since the matter was not discussed, and the value of reputation of beingbeit din appointed is sufficient.
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: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 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: Sharing in Plumbing Expenses – part I
based on ruling 85013 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.
