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Ruling: We will now discuss pl’s responsibility for not keeping to the amount of credit he was allowed to give customers. Pl claimed that he did not receive enough training. Beit din rejects this claim, as he had clear lists and knew exactly what was beyond the limits. The amounts given were large and when given in installments, the installments were close together. Apparently, the hope for large profits from the high interest enticed pl to exceed limits.
Pl does have a better claim – that def had access to all the records in real time and allowed these large loans to go through, probably on purpose; at least he should have known about them. Def claims that he did not notice how large the credits were. However, from the testimony of Mr. P. and the records of guarantees that def arranged in certain cases, we see a pattern of def being aware and deciding when the amounts were acceptable to him. Under these circumstances, it is correct to divide responsibility for the failed loans, with def, the owner, being mainly responsible. Since it is impossible to know how to quantify, we will employ logical compromise positions (see Shulchan Aruch, CM 12:5). Beit din employed logic in each case and set a formula to deal with the possibilities that some portion of the money owed by defaulting borrowers will be recovered. Regarding the claims of expenses by pl, beit din accepted two thirds of the amounts.
Pl’s action of receiving cash from certain borrowers even though their checks were given to sup was unconscionable. Therefore, all damages to other parties that resulted will be only on pl.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
584 - Losses from Financially (and Morally) Bad Loans – part II
585 - Losses from Financially (and Morally) Bad Loans – part III
586 - Who Drove Worse?
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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
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – 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: Agricultural Water Rights – part II
based on ruling 84122 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
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
