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Case: The plaintiffs (=pl) sued the defendants (=def) in our beit din. They sent a claim sheet stating that they bought an apartment, including paying for it and moving in years ago, but def have refused to have their ownership registered. (The apartment is in a neighborhood in which individual ownership is not registered in the Tabu; owners are members of a group ownership of the land). The sales contract between the sides states that all adjudication related to the sale will be at Eretz Hemdah. The claim sheet was sent by registered mail to def, and someone who called and presented himself as one of its members asked for information about the beit din. After a period in which beit din received no correspondence from def, beit din set a date for a hearing. The beit din secretary called the listed number of def’s main member multiple times and left messages about the hearing with a wife and a daughter. On the day of the hearing, someone who identified himself as def called to say he would not take part and that beit din could not rule in his absence. Pl came to the hearing and asked that beit din rule without hearing def’s claims and charge for legal expenses.
P'ninat Mishpat (829)
Various Rabbis
469 - Disputes Between Neighbors over Rights in a Building – part II
470 - Lack of Participation
471 - Obligation to Enable Registering a Purchase – part I
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Acharonim debate to what extent beit din is prevented from ruling without hearing one of the sides. According to the Bach (CM 13:8), Tumim (13:4), and K’tzot Hachoshen (13:1), under certain circumstances it is possible to hear the case from one side. According to the S’ma (18:13), Shach (CM 13:8) and Netivot Hamishpat (Chiddushim 13:8) it is never possible to do so.
Classically, when one refuses to come to beit din, he is to be put in niduy. But since we cannot do niduy in our times and there is little beit din can do to force someone to adjudicate even if he committed himself to that beit din, the question of adjudication in abstentia resurfaced.
Our mentor Rav Z.N. Goldberg ruled that one may rule under such circumstances in abstentia, just as at times it is possible to accept witnesses not in front of a litigant (Rama, CM 28:16). The sides’ contract states that Eretz Hemdah will rule according to din Torah, which nowadays includes peshara, and this allows beit din to rely on opinions such as that of Rav Goldberg. Therefore, we have the right to rule even if def does not come.
The refusal of def to come to adjudicate caused pl damage. As of now, we obligate def to pay 2,000 shekels for not coming to the hearing. We give def the opportunity to come and claim that their missing the hearing was justified. In the meantime, pl should provide evidence to support their claim, and if def does not contact beit din to arrange another hearing, beit din may rule based on the evidence that pl presents.
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 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: 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 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.
