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Case: [A highly condensed description follows] The plaintiff (=pl) lent/invested large sums of money to the defendant (=def), a real estate developer, over the course of a few years, and was to receive approximately a 25% annual return. He used various heter iska forms to permit this (in his view). The largest sum was used to buy rights to property in a multi-million shekel project. Before the project was built, pl sold his rights back to def for 1.66 mil. shekels, which was not given but became a new loan/investment. A central document summarizing the loan/investments stated that they should be paid in the near future, without mentioning dates, and required monthly interest payments of 20,000 shekels. The big project was stopped by a court order after only a percentage of the homes were built and sold. Def slowed down and then stopped making the monthly payments. Def claims that he is unable and not required to return the loan/investment until the project is resumed. Pl demands immediate payment and claims that def has fictitiously hid all his assets.
Ruling: [After seeing that def owes all the money according to the heter iska forms, we must decide when payment is due.]
P'ninat Mishpat (829)
Various Rabbis
427 - Proper Greatness in One’s Surroundings
428 - Time of Payment of an Iska Loan – part II
429 - Unauthorized Building by an Apartment Owner
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Despite this fact, def must return all the loans immediately for two reasons. One is that def stopped following his contractual obligation – to make a monthly interest payment of 20,000 shekels. Under such circumstances, it is not logical that pl should have to wait indefinitely (it is now 4 years).
The second factor is that def has made several efforts to hide assets. At the time of the loans, def was a major partner in the big project, and his part in it served as a strong guarantee for the payment of the large loans. Subsequently def created a company which owned his rights in the project. Later, he gave away his rights in the project to the wife of a partner, thus removing liens. Def had promised to pay back some of pl’s loans from sales of apartments in the project, but gave nothing from these revenues, which were apparently hidden or reinvested. Some of def’s property has been put in his children’s name, and the expensive car he drives is listed as his brother-in-law’s. Therefore, the loan cannot be left open-ended because of the lack of a date when there is reason for concern that the chance to find payment will slip away.
Therefore, the money is due now. Def claims that if pl will take aggressive steps to collect the money, it will cause def to go bankrupt, and pl will never receive full payment. It is not for beit din to decide what is wise for pl to do. It is pl’s right to take steps to try to prevent the loss of huge amounts of his money, including large sums he borrowed from banks to provide for these investments. Until payment is made, they will continue to accrue interest.
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 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
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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.
