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Beit Midrash
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Case: The plaintiff (=pl) sold his house. The final payment consisted of four checks, including a transferable one for 21,000 shekels that the buyer had received from the defendant (=def), a construction-related company. Pl lost the checks, reported it to the police, and called all those who wrote the checks to tell them to cancel them. Def does not accuse pl of lying, and the check was not cashed in the bank. However, sometimes def pays cash to those who hold their checks, and it is therefore possible that they already gave money to someone who presented the check. (There was disagreement as to whether def found out the check was lost within a day or more than a week after it was lost.) Therefore, even though pl is willing to provide guarantees in case someone who finds the check will cash it, def still does not want to pay pl the 21,000 shekels.
P'ninat Mishpat (825)
Various Rabbis
445 - Unfulfilled Shidduch Expectations – part II
446 - Replacing a Lost Check
447 - Responsibilty of Mefakeiach for Contractors’ Flaws – part I
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According to Halacha, there is a mitzva to return a lost check to the person who gives signs that it was in his possession, just like for any other object (what constitutes a sign can depend on the circumstances). The intended recipient of the check can be expected to know how much money will be written even if the time did not come to hand it over to him, so that information is not proof. However, if the person to whom a check is transferred by its recipient knows what is written in it, this should be a sign he received it. In our case, pl was specific enough in his knowledge of the check’s particulars to convince us that the check had been in his possession.
Usually, when a defendant is unsure whether he returned money that he was once obligated to pay, he must pay (Shulchan Aruch, Choshen Mishpat 75:9). However, if there was a document for a loan and it was lost, we have reason to suspect the loan is no longer intact (ibid. 65:6). However, in our case, there is no reason to suspect that there is a problem with the obligation. It must have taken place in the first place or def would not know its details, and if it were paid, we expect regarding a modern check that the debtor would have ripped it up if he paid in cash or the bank would have stamped it if it were redeemed through them (see Hashek Bahalacha 10:8:(223).
Regarding the possibility that someone will find the check and use it, pl has offered guarantees, and the sides should decide what system they should use to do so. Therefore, def should pay the 21,000 shekels that pl demands.
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 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 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.
