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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 (829)
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: Smoking Rights in a Rental? – part I
based on ruling 85076 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
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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.
