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Beit Midrash
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- P'ninat Mishpat
Ruling: We saw last time that pl’s claim that she originally stated the items were on loan is not convincing enough to extract money.
Def claims that her admission letter was written under duress. However, the Shulchan Aruch (Choshen Mishpat 81:17) rules that even those claims that are effective against an imperfect admission do not work against an admission in writing. On the other hand, the admission’s extent is limited to that which is written in the letter.
A "gift" that returns at a certain point can take different forms: 1) she’eila (a loan); 2) a gift for a certain time (ibid. 241:6). In this case, neither side proved which of the constructs was used. One difference between them is whether the recipient is responsible to guard the items and pay if he was not successful (according to #2, the recipient is exempt). Even a borrower (#1) is exempt from damages that occurred as a result of normal use (ibid. 340:1). Therefore, either way, def will be exempt from much of the damage. Those items that normally get fully used in a few years would not need to be accounted for at all. If viewed as a borrower, def would be responsible for some of the damages that were not due to natural wear and tear. Def would also be obligated to swear that there was no negligence that would obligate her to pay for damages.
Since being a borrower obligates the recipient, def would have had to realize that she was becoming a borrower to be obligated in that way. We do not have proof that this occurred. She would not have to be aware of becoming the recipient of a gift for a certain time, as there are no special obligations, just a need to return that which is no longer hers. Therefore, while def must return the materials, she would not be required to pay.
Next time we will discuss how to return the materials.
P'ninat Mishpat (829)
Various Rabbis
581 - Return of “Borrowed” Pre-School Items 1
582 - Return of “Borrowed” Pre-School Items – II
583 - Return of “Borrowed” Pre-School Items – III
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
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
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.
