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Case: The defendants are an organization formed to build a real estate development (=def1) as a kevutzat rechisha (a group of purchasers = kr) and the company that supervises the project (=def2). The plaintiffs (=pl1 and pl2) signed up to join def1 and become owners of apartments with only one spouse signed (for technical reasons), which def1 and def2’s employees said was fine. It turns out that this caused pl1 and pl2 to be ineligible for special government mortgage arrangements, and they are demanding payment of the estimated 42,000 shekels apiece over the life of the mortgage this is worth. The defendants argue that they were not obligated to arrange mortgages, that at the time of the advice given, it was not expected that buyers would benefit from government mortgages or that it would make a difference if both spouses were listed as owners. Later on, switching the registry of ownership could have held up the whole group.
Ruling: [Last time we saw that def1 and def2 are not responsible for originally encouraging pl1 and pl2 to sign without their spouses mainly because at the time it was not a mistake.]
P'ninat Mishpat (829)
Various Rabbis
573 - Bad Advice Causing Loss of Mortgage Rights – part I
574 - Bad Advice Causing Loss of Mortgage Rights – part II
575 - Renovations that Did Not Finish On Time
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Furthermore, according to the majority of dayanim, pls did not prove that at that stage, it was still possible for them to have received the government mortgages. One dayan points out that def2 admitted that they could have received the mortgage, just that they were against it because the change of title likely would hold back the whole group. He also argues that according to the Shulchan Aruch (Choshen Mishpat 306:7), the adviser who caused damage has to prove that he was not at fault. The majority of dayanim respond that def2’s admission was theoretical; they did not say it was clearly possible to receive the mortgage. Regarding the Shulchan Aruch, it only says that the adviser has to prove he is an expert (as most are not), not that he has to prove every element of faultlessness.
Defs’ claim that not receiving the special mortgage is not a loss but the lack of a special gain is not true. Not being able to reduce (financing) costs is indeed a loss. However, their claim that changing title would hold back the project is correct. Def2 was not hired by any individual but by the group as a whole, and something which is bad for the group is not something he should advocate even if it helps a few individuals. The Shulchan Aruch (CM 176:10) gives partners leeway to act in a way that people deem as advantageous to the joint project.
Def1 and def2 could be obligated based on contractual obligations, even if there was no objective damage. However, in this case, the contract states that def2 is not responsible for the financing of the members of the group’s property.
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 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
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
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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.
