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Case: The plaintiff (=pl) spent 2,050 shekels on raffle tickets sold by an institution (=def); the first prize was a furnished four-room apartment. The drawing was held in Feb. 2012, and pl won the first prize and was supposed to receive the apartment within six months. However, the apartment was part of a property owned jointly by def and Reuven. They needed to have a redrawing of the property approved and then build an extra room. Due to a dispute between def and Reuven regarding stairs leading to the apartment, municipal permission def received was not usable, and, as of 2015, the apartment is still not completed or transferred to pl’s name. Pl demands that def transfer ownership to him and either build another room and provide furniture or pay their costs. Def responds that they are bound only to the raffle’s takanon(regulations), written before the drawing. The sides also disagree on who should pay the significant capital gains payment (119,860 shekels) on the apartment for permission to expand it. Pl also demands compensation for the rent that they did not receive during the three years that def withheld rights to the apartment.
Ruling: The takanon says that the raffle winner will have to pay various taxes but that def has to pay for expenses related to the apartment’s change of taba (municipal plans). Each side has a reasonable claim on the matter, as capital gains is a tax, but is one that is levied due to the changes in taba, as the government charges for permission to have a bigger apartment. When the language of the contract is unclear, we say that the one who needs the contract in order to obtain something has the lower hand. Since we have already decided that pl receives the property, this tax is naturally for him to pay.
Regarding rent loss, pl does not have a valid claim for a few reasons. [In a previous segment] we explained that we understand the line in the takanon that the winner does not get the apartment until it is complete as relating to an issue like this. In other words, ownership is not transferred to pl right away, and therefore he does not have claims on lost rent. In general, there is a machloket whether one who prevents the owner of a home from renting it out has to pay for lost revenue. Tosafot (Bava Kama 20a) says that this is gerama (indirect damage), and there is no payment. The Rambam (Chovel 7:7) implies that there is payment. However, since the major issue in which we agreed with pl is that the obligation to transfer ownership should be carried out, that needs to be done, but that does automatically give full rights before it is accomplished. In this case, the matter is even clearer because there has not been access to the apartment due to the disagreement with Reuven about the stairs, and therefore it has not been feasible to rent it out.
P'ninat Mishpat (829)
Various Rabbis
441 - Unfulfilled Raffle Prize – part III
442 - Unfulfilled Raffle Prize – part IV
443 - Copyright Infringement in Communal Gift – part I
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P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 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.
