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Ruling: In defining what is considered a completed home, it does not seem that a Tofes 4 (municipal permission to inhabit the house) is necessary (ed. note – in some areas, it is illegal and not accepted for people to move in before a Tofes 4 has been given, while in others it is a confirmation that often comes later after occupancy.] However, the house must be nominally ready to be lived in. This can be indicated by some combination of the following factors: actually living in the house, possessing a document from the municipality with only minor requests for repair before receiving a Tofes 4, and pictures from within the house showing it is in its final stage.
Pl claimed to have a document from the municipality with minimal requests, but despite repeated requests by beit din, did not submit the document. The Rosh (accepted by the Shulchan Aruch, Choshen Mishpat 15:4) says that a litigant’s concealing of evidence can be seen as an admission that the evidence is proof against him. Pl sent pictures from the house that they claim, but have not proven, are from Oct. 2011. In these pictures, one does not see everything in the house, but it is at least clear that the kitchen sinks have not been installed. This is reason enough for the house to be deemed not ready for occupancy. Additionally, the low usage of electricity is an indication that pl had not moved in. In Jan. 2012, the electricity usage fits the narrative that they had already moved in. Therefore, while it is not an absolute proof, we will only obligate pl in the penalty, which is the type of obligation that courts traditionally modify from the letter of the contract, from Sept. through Dec. ($1,600).
Regarding the problematic and delayed ishur z’chuyot, the lack of refinancing is not a loss but the withholding of a gain. In such a case, def would be obligated only if the gain was clearly and readily available, which pl have not proved is the case. Also, there were apparently steps that pl could have taken to remove the problem. Regarding the need for continued payment for bank guarantees, that is a clear out-of-pocket payment which pl had to continue due to def’s delay in providing the papers, and therefore def has to compensate pl 1,050 NIS.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
575 - Overlapping Rentals
576 - A Homeowner Paying for Building Slowly
577 - Payment for Not Clearing Warehouse On Time – part I
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Beit Din Eretz Hemda - Gazit
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 A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
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)
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 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.
