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Case: The plaintiff (=pl) was given three checks for a total of 37,000 shekels, written from the account of the defendant (=def), by means of a third party (=tp). Def gave them as payment to tp for materials purchased for his business, and tp gave it to pl for services expected. Tp claims that pl did not do what he had promised and therefore asked def to cancel the checks and pay tp in a different manner, which def did. Now pl demands that def allow the cashing of the checks. Pl claims that he warned def not to cancel the checks, a claim that def denies.
P'ninat Mishpat (829)
Various Rabbis
525 - Aftermath of a Rental that Almost Was
526 - Canceling Checks Found by a Third Party
527 - Was the Site Created Fast Enough?
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Rav Z.N. Goldberg (Techumin XII, p. 295-6) was uncertain whether the writing/giving of the check includes a self-obligation to ensure the recipient receives the money. Logic and experience dictate that it does. Although the check does not contain language of self-obligation, there is an umdana (a presumption based on understanding the situation) that, when writing a check, one is obligating himself to pay. This has precedent. The Rambam (Ishut 16:7-9) says that when there is a takana to expand the ability to collect a ketuba and it is known to the groom, we can assume that he had it in mind even though it is not mentioned in the ketuba. One could argue that that is different because most people explicitly accept the extension of the ketuba, whereas here people do not explicitly obligate themselves with a check.
However, there is a known construct to which a check fits, called a mamrani – a document used at the time of the Rishonim through which one would be obligated to whomever ended up with the mamrani. This was assumed to work even without writing a document to transfer a debt note (as Halacha requires by a regular document of obligation). There are different explanations as to how this could work, including based on situmta (societal acceptance). It is very accepted in our days that when one writes and gives a check, he knows that he is not allowed to cancel it, and the Minchat Yitzchak (V:119) says that this has become a binding custom based on the law of the land. The Pitchei Choshen says that this is true even though technically a person can cancel the check (he can be taken to court and forced to pay unless he can demonstrate foul play on the other side). This is even more so in a case like this, that def left the place of the recipient’s name open (see Even Yisrael VIII:91), as it really gives the check a status of a mamrani.
Therefore, def was not allowed to cancel the checks, and he must honor them and pay expenses.
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
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
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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.
