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Case: The plaintiff (=pl) and the defendant (=def) both wanted to extend their apartments, which were one on top of the other, and decided to do so cooperatively, sharing an architect (=a#1) and preparing and paying for the various elements of obtaining a municipal building permit. In the midst of the process, pl convinced def to discard a#1’s plans and hire a new architect (=a#2). Pl decided to extend his addition with a balcony. Later in the process, def became concerned that this would compromise his apartment’s privacy. When the two sides failed to agree on how to solve the privacy problem, def appealed to the municipality to disallow the extension. Pl is suing def for the expenses, over 24,000 shekels, which are now wasted (both architects’ plans and fees for various stages of applying for a building permit).
Ruling: [Last time, we saw that pl cannot claim payment due to their being partners.]
P'ninat Mishpat (829)
Various Rabbis
403 - Backing Out of Joint Building Plans – part I
404 - Backing Out of Joint Building Plans – part II
405 - Who Is Responsible for Municipal Tax When? – part I
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The Maggid Mishneh answers for the Rambam with the following distinction. The gemara exempts when the buyer invested in order to profit, whereas the Rambam obligates when the chatan acted to conform with local expectations based on the kalla’s assurance. The Taz distinguishes based on the timing of the damage. The gemara exempts because the damage is realized after the planting, whereas the Rambam obligates when the loss is directly when the kalla backs out. The Shulchan Aruch (Even Haezer 50:3) rules like the Rambam, and we accept the Maggid Mishneh’s approach to it. Thus, in our case, since pl acted in order to benefit, he is not entitled to compensation from def.
There are additional reasons to exempt def. In classic cases of histamchut, the assurance made (e.g., the kalla will go through with the marriage) is a clear one. There is a machloket whether the obligation in the Rambam’s case applies only to betrothal or even to shidduchin (equivalent to our engagement), where the level of commitment is lower (depending on the existence of penalties for backing out). In this case, neither side gave a full assurance they would follow a given plan to the end. In fact, even pl refused to continue with the plans, as presented by a#1, in which they invested money.
Finally, in a case where the one backing out has strong justification for doing so, there should be no payment. The Rambam refers to a case where the chatan has something objectively wrong that is grounds to not marry him (see Divrei Malkiel V:125). In our case, the complaints about privacy, which pl did not agree to take seriously, are further grounds not to obligate def.
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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.
