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Case: The plaintiff (=pl) is a lawyer (/owner of a law firm) who represented the defendant (=def), a wealthy businessman (/businesses he owned) in many matters, including several multimillion-shekel (attempted) purchases. Def paid pl more than 1.6 million shekels over 4 years, but pl claims that he is still owed more than 2 million shekels.
Issue #5: During the first year of the relationship, pl oversaw a very large and successful court victory (case #2), and there is a major dispute as to how much money he was due (the payment made was in installments). A few months later there was an undisputed obligation (case #4). Major payments were made over a period of time that could have related to either obligation. Pl claims that all of it related to case #2, and there is still a balance for case #4 (as the first payment relating to #4 was in 5/2007). Def suggests that some of the money given during that time was for case #4 (which fits with his claim that pl’s demand for case #2 is exaggerated).
P'ninat Mishpat (829)
Various Rabbis
381 - The Lawyer’s Rights to Full Fees from Reluctant Client – part II
382 - Lawyer’s Rights to Full Fees from Reluctant Client – part IV
383 - Lawyer’s Rights to Full Fees from Reluctant Client – part V
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How does our case compare? When payments are made by bank transfer (as was done between pl and def), it is considered like witnesses, because the payment cannot be effectively denied. Def can then argue that some of the payments are like cases where we do not know if there was a second obligation, since obligation #2 may have been finished by the time some of the payments were made. However, since at one time there was an obligation, the creditor is sure he is still owed, and the debtor effectively is unsure whether he paid, we assume that debtor is still obligated (see Shulchan Aruch, CM 75:9).
In the final analysis, beit din relates all payments until Jan. 2007 to case #2. This conclusion is strengthened by the following point. Pl claims that the payment promised for case #2 was $250,000 plus $100,000 if he won the case. The claim presented by def’s attorney is 35,000 shekel, which is not logical for a case of the magnitude involved. In his interrogation, def admitted to have owed $150,000 for it, and this is supported by a key testimony (albeit of a biased witness). While there is insufficient evidence for beit din to obligate $350,000 for case #2, we conclude that at least unspecified payments at that period of time should all be related to that case.
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: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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.
