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Beit Midrash
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- P'ninat Mishpat
Case: The plaintiff (=pl) ran group tours that, one Shabbat, used the defendant’s guest house (=def). Over Shabbat, pl felt bites but assumed they were mosquito bites. When the symptoms recurred at home and she discussed the matter with group members and def, she figured out that she brought bedbugs home from def, from which the others and def were also suffering. Def sent an exterminator to pl’s house, but their one-time treatment did not help (it helped other group members but not def). Def entered a grueling three-month extermination regimen, which solved the problem. Pl ended up throwing out all of their bedroom furniture. Pl is suing for the value of the discarded furniture (30,000 shekels); expenses of massive washing and drying fabrics, including damage to the washer and dryer (7,000 shekels); buying new temporary (out of fear of recurrence) furniture (15,000 shekels); distress (10,000 shekels). Def responded that it was possible that someone in the group brought the bedbugs to def (they did not have problems before, and did have afterward). Def argued that they were not at all negligent and paid for an exterminator for all involved beyond the letter of the law. (Def has insurance for the claims but relinquished their rights to them by adjudicating in beit din instead of secular court.)
Ruling: First we will deal with the basis of the halachic principle to be used.
He gives the following answers to the question that the insurers are actually only taking responsibility in reference to their doctors, and in the question between the patients and the doctors, the doctors are basically exempt from paying for bodily damage (Bava Kama 84a): 1. The Rama (Choshen Mishpat 1:2) says it is possible to force a damager to appease the injured beyond the letter of the law. 2. Kc promises good care for its patients, which includes a valid, albeit implied, obligation of malpractice compensation. 3. The insurance company earmarks premium money for paying for X number of cases, which are, in effect, paid by the patients; it is just a matter of determining which patients are the proper recipients.
We will base ourselves on Rav Weiss’ reason #2 and differ in one point. Rav Weiss does not consider it feasible for beit din to determine the awards according to industry assumptions; we believe beit din can make those determinations (with the help of experts). It is as the S’ma (26:11) says that if two sides obligate themselves to adjudicate in non-Jewish court, they must adjudicate in beit din, but beit din applies the obligations that the courts would have.
Our batei din also hold parties to accepted societal norms of certain elements of monetary interaction. We may do this without determining how specific secular courts apply the principles, but based on our judgment.
P'ninat Mishpat (829)
Various Rabbis
561 - Questionable Responsibility for Another’s Property
562 - “Don’t Let the Bedbugs Bite” – part I
563 - “Don’t Let the Bedbugs Bite” – part II
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P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 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.
