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Beit Midrash
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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 (825)
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: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
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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.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
