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Beit Midrash
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- P'ninat Mishpat
Case: The plaintiff (=pl), his uncle the defendant (=def), and other family members decided to jointly, with different roles and shares, purchase and develop a plot of land that cost 2.9 million shekels. Pl and another uncle founded a company to develop the property and made the first payment of 1.9 million shekels. At a later stage, def gave them 1 million shekels, with the following conditions. The money was to accrue a 7% annual return (while no heter iska was written, the parties apparently agreed to follow the Chochmat Adam’s heter iska). Def would receive one of the apartments to be built, which would ensure the money due him. Subsequently, a municipal planning issue arose, which caused a serious delay in the project and made the money def gave unneeded at that time. Pl wants to return the money and exempt himself from the 7% return. Def refuses to receive the payment, demanding that their deal continue.
Ruling: Much of this case depends on how to categorize a deal based on (the Chochmat Adam’s) heter iska. Half of the money involved is given as a loan and half is given as an investment which the recipient is to invest on behalf of the investor. The return is the "compromise money," which represents the investor’s assumed share of the profits in lieu of proof.
P'ninat Mishpat (829)
Various Rabbis
407 - Who Is Responsible for Municipal Tax When? – part I
408 - Returning Money of an Iska Loan – part I
409 - Withheld Payment During Financial Crisis
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Regarding the investment part, the recipient is considered a worker for the investor. In that regard, a worker may back out of his work commitment without penalty (Bava Metzia 10a). This also applies to those who are working with money entrusted to them (Shulchan Aruch, CM 176:23), who can return the money before the due date. Arguably, the above is true regarding an investment with a specific timelimit, when he is a poel (a worker based on time), who can back out. However, if the limit is the end of a job, he is a kablan (contractor), who is penalized if he does not complete the project he accepted (S’ma 176:57). However, even a kablan is allowed to back out if extenuating circumstances make it necessary (Bava Metzia 77a). This is the case here, as pl was forced into a situation in which he is negatively affected by def’s investment.
On the other hand, the Shiltei Giborim claims that since the reason a borrower can return the loan early is that the loan is for his own benefit, perhaps this does not apply to an iska, where the loan includes a nice return for the lender. However, the Tumim (74:6) treats the iska as two separate parts: a loan with no return, and an investment, which can be returned for the above reason. So, first, we cannot extract money when there is an unresolved machloket on the matter. Second, the Shiltei Giborim apparently agrees that when the return is linked to a specific project that does not come to fruition, one can back out.
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: 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: Did Any Furniture Go to the Buyer? – part II
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.
