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Beit Midrash
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Case: The plaintiff (=pl) helps clients receive mortgages. The defendant (=def), owner of a building company which cooperated with pl, used his services personally, and they agreed on a payment of 1% of the loan def sought (2.5 million shekels) if successful. According to pl, when the task proved to be particularly difficult, def agreed that he would pay an additional 25,000 shekel if successful, which they were. Def gave pl two checks of 25,000 shekels. One was used, and the other did not clear the bank because of a mistake in its date. Def denied agreeing to a second payment and said the second check was written on behalf of a client for a mortgage that did not materialize.
Ruling: The second check, including its sum, certainly fits well with pl’s claim. Def’s explanation of that check is illogical and totally counterintuitive. Pl also presented videos of conversations with def which corroborate his claim, including showing discussions about rewriting the second check due to its mistake. The replacement check was written with an irregular initialing of yet another mistake, and def claims it was a forgery. However, there are several indications that this was a contrived claim. In their summary of claims, def did not even bother to respond to the evidence in the videotapes against him.
P'ninat Mishpat (829)
Various Rabbis
411 - Withheld Payment During Financial Crisis
412 - Was There an Agreement to Increased Pay?
413 - Independent-Minded Architect – part I
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Def claims that even if he originally owed the extra money, he has an offsetting claim since he let pl keep a sign publicizing its business on def’s property. Def contradicted himself on whether he had explicitly demanded compensation for it at the time of the display, and a witness that def brought, when claiming that he made demands on def’s behalf against pl, implied that no claims were raised at the time in regard to the signs. Therefore, beit din rejects the offsetting claim.
The general policy of halacha and thus of our beit din is that litigants each pay their own legal expenses and share the beit din fee. The exception is when beit din has evidence that one side acted in bad faith, e.g., when they must have been clearly aware they were wrong. Ours is a classic case of that phenomenon. Therefore, def must pay 15,000 shekels for the expenses he caused pl in the adjudication, including lawyer’s fees, court fees in previous rounds of adjudication before coming to our beit din, time pl had to take off from work for adjudication, and the beit din fee.
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: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 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.
