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Ruling: It is very difficult to quantify the damage to the value of the book. It might be wrong to see the immediate lower value and multiply by the number of unsold books because it is likely worthwhile to refrain from selling the books at the lower price but to wait for the price to rise.
Beit din asked pl to ask people who understand the field to help him quantify what his loss is. All of the people agreed there was damage, but there was a great divergence about the amount and the way to calculate it.
Def claim that since they sold the abridged version only to yeshiva students, this does not affect the price for non-yeshiva students, and it would only slightly delay how long it will take pl to sell out. However, it was already decided by the first beit din that this was not the case, and we did not find flaws in their reasoning on this matter.
When there are three different evaluations of a price, the Shulchan Aruch (Choshen Mishpat 103:2) rules that beit din is supposed to select the price that is half-way between the high and the low. The commentators (ad loc.) rule that one follows the middle estimate. In a case like ours, when each estimate is based on different logic, it is not reasonable to treat any of the possibilities as the likely correct one. In such cases, Rav Zalman Nechemia Goldberg reasoned that a compromise arrived at by beit din is preferable, especially because it saves money by not hiring appraisers. This is even truer in our case in which the damage is not direct.
One of the factors that should impact beit din’s compromise is that, given that def acted with full knowledge that they were violating the agreement in a meaningful way, there is logic to prevent def from gaining by means of their violation. Therefore, since def earned 10,000 shekels in selling the abridged version, this is the amount that def will have to pay, which is 6,000 shekels more than the first beit din obligated them.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
571 - Receiving Pay for Hours Not Taught
572 - Compensating for a Breach of Exclusivity Agreement
573 - Overlapping Rentals
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 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.
