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Beit Midrash
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- P'ninat Mishpat
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 (826)
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.
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
