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One of the important principles of the modern financial world is finding a balance between the factors regarding risk-taking in various types of investors. When people are convinced to invest money, the financial world expands, causing an increase in businesses, jobs, and profits. On the one hand, there is a need to protect investors from over-liability. Therefore, the law recognizes a corporation as a financial entity in which a person can invest like an owner of a company without putting at risk funds he does not want to include. On the other hand, in order to prevent abuse of this separation, the law allows the courts to, when appropriate, "lift the corporate veil" that covers the key players in the company. This is done when there is a possibility of illegal or immoral behavior, for example, when an officer obtains an exaggerated salary at the expense of shareholders.
Fundamentally, there is no halachic separation between a person and his property. Anything that has financial significance for an individual carries with it personal responsibility to pay and the potential to extract payment from his property. When a person borrows money, he has a responsibility to return the loan, and payment can be taken from his property even if, in the meantime, the property was sold to someone else. If there were two borrowers for one loan, this lien applies to the property of each. Thus, there is an apparent contradiction between the law, which separates between a person and his property, and Halacha, which does not.
Poskim suggested different delineations of a corporation according to Halacha: Rav Vozner viewed it as fundamentally a regular partnership with special conditions. Rav Simcha Meiron viewed it as something with the appearance of a separate legal being, divorced from its owners. Rav Daichovsky said that it is actually a separate legal entity.
Each one of these suggestions raises many halachic problems. However, if we were to not halachically accept the basic rules of corporations, it would doom any attempt to enable batei din to operate in a modern economic setting. We cannot allow Halacha to be viewed by society as irrelevant. In order to be able to adjudicate when one or more litigants is a corporation without needing to decide the correct delineation, our mentor, Rav Zalman Nechemia Goldberg urged us to have the sides accept, by means of our arbitration agreement, a corporation’s special status. They do so with the following stipulations.
1. The sides recognize the principle that a legal corporation has rights and obligations and can sue or be sued. 2. The sides recognize the principle of limited liability; therefore, claims are made on the corporation’s assets, not those of its workers or stockholders unless beit din view them as personally responsible. 3. Based on the above, the sides relinquish their rights to make claims on property beyond that of the corporation.
May we merit to present monetary Halacha before ever growing parts of the nation in a manner that will sanctify Hashem’s Name.
Rabbis in Midrash
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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.
