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Case: The plaintiffs (=pl) were building a house and ordered custom windows from the defendant (=def). They told him that it was crucial that they receive them by the end of August, as soon thereafter they would be moving in. Pl was to pay half the cost at the time of signing the order and half at installation. Pl worked on finishing the details of the order in late June. Def asked many detailed questions, many of which pl argue were irrelevant and impossible for them to answer themselves. By the time all of this was worked out, def claimed it was too late for the order to come in a manner that the work would be done in time. Def agreed to install temporary windows to enable pl to move in, but demanded additional money up front. Pl refused and spent 10,000 shekels on having someone else install temporary windows. Pl demands that def install the windows they are supposed to for the original price and subtract from the money due to him the money they spent on temporary windows. They argue that it was def’s failure to handle his responsibilities on time that caused this outlay. They also claim approximately 50,000 shekels for expenses that the delay in installation caused them in finishing up the building project and for their need to extend their previous rental contract. Def demands money full payment for the windows that he already installed and compensation for the damage that the lack of payment impacted him in regard to cash flow.
P'ninat Mishpat (829)
Various Rabbis
493 - Unlivable Apartment? – part II
494 - Undelivered Windows – part I
495 - Undelivered Windows – part II
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There was a disagreement among the dayanim if def had a right to demand more money before the full installation because of the delay in the ability to install some of the windows. On the other hand, pl was wrong in not working out a compromise or going to mediation as things were unfolding, which could have reduced the damages to the sides. While this does not preclude pl receiving payments, in regard to those elements in which pl’s rights are based on compromise, this will be taken into account.
Next week we will look at for which elements of damage pl deserves payment, and how much.
Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part I
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 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.
