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Ruling: Def claim that they are not required to adjudicate in beit din because of the law that a chozeh achid (a "uniform" contract which one strong party pressures many weaker parties into signing) is not binding when it is mekape’ach. Beit din does not accept this claim, since there is nothing unfair about going to beit din. Arbitration is a viable alternative that many parties agree to, and the fact that the arbitration is in beit din does not make it unfair to any specific party.
Def claim that they are not members of pl, as the law does not require them to be, despite owning a home in its area, and therefore they are not bound by its provisions. Although they signed with the kibbutz association when they bought the property, that was before pl was founded. Pl responds that it is a legally founded continuation of the kibbutz association to include members of the extension who are not kibbutz members. The fact that def was a member of committees of pl is sufficient evidence that they know they are members. Def counters that they used to think they were members of pl, but after reading pl’s by-laws of eligibility for membership, they realized they cannot be. They also recently sent in a letter cancelling membership. Pl is correct that these claims are in bad faith. No one has questioned def’s membership, even if someone could have tried to disqualify them on a technicality, which pl is certainly not required to have accepted. The agreement also states that resignation from pl goes into effect only after six months pass and only after all debts to pl have been paid, neither of which have transpired.
Def showed payments they made to the kibbutz, which seem to be beyond what members were generally asked to pay. Beit din finds that pl’s attempt to explain them do not present a coherent picture. Therefore, pl is responsible to demand a refund of the money from the kibbutz, in which case, def is entitled to receive it from pl. If pl fails to receive the money or a valid explanation, def can sue the kibbutz for that money (the kibbutz is not a party to this adjudication).
We continue next time with other issues.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
562 - Paying Community Taxes – part I
563 - Paying Community Taxes – part II
564 - Paying Community Taxes – part 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 I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 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
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.
