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Beit Midrash
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Case: The plaintiff (=pl) bought adjoining sofas from the defendant (=def) for 4,650 shekels. They asked for armrests, which needed to be added to the standard model on display. The sofa arrived without the armrests, and also with wooden rather than plastic legs, as pl had been promised. Def wanted to solve the complaint by giving a discount and afterward offered to make the necessary changes, but pl wanted to back out of the purchase. In an interim ruling, beit din said that pl should allowdef to fix the sofa within 21 days (based on Shulchan Aruch, Choshen Mishpat 232:5, that a seller should have the opportunity to fix the sales item rather than have the sale undone). After def returned the sofa, plwas unhappy with several things. 1) The stitching in one place is unaesthetic. 2) The shade and texture where a change was made do not match the rest of the sofa. 3) The armrests were attached in a manner that the sofas no longer adjoin nicely. 4) Def had promised to switch the legs according to pl’s request; pl requested metal legs, and def provided plastic. [Beit din visited pl’s home (in the presence of all the parties) to make determinations.]
Ruling: The stitching is indeed imperfect in one area. Regarding the difference in fabric, the differences in texture and shade are slight. Def’s claim that it is the identical product, just that there can be slight differences based on different production lines from the same producer, is logical. The differences are only noticeable for one whose is looking for them and from close range. There is indeed a small separation when one tries to connect the sofas. Regarding the legs, def explained to plthat the metal does not fit in well with the sofa, and therefore it is hard or impossible to find metal legs that are appropriate for this sofa (placcepted this explanation).
The main question is whether the imperfections justify a cancellation of the sale. The rule is that blemishes must be such that average people in one’s place would agree that cancellation of the sale is called for (Shulchan Aruch, CM 232:6). It does not make a difference if a certain buyer is more particular than others. In beit din’s view, the imperfections are minor, and general society would not think it justifies cancellation of the sale.
P'ninat Mishpat (829)
Various Rabbis
393 - A Loan or a Gift? – part IV
394 - Blemished Sofa
395 - Eating before Kiddush
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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
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 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.
