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Ruling: [After discussing the status of the testimony of most of the witnesses, we will look into oo’s status.]
At first glance, the disagreement between the sides has caused a delay in oo’s getting paid, which gives him an interest in his testimony, which should disqualify him. However, this is not accurate because in any case CP is required to pay oo based on a separate contract they have with him. Even according to pl, oo does not benefit from his testimony, as pl claims that he owes oo for that which he gave to CP. The Rambam (Eidut 15:6) rules that when testimony ostensibly helps the witness but the benefit is readily available through other means, the witness is able to testify. Although at times we say that a witness would rather have the payment be due from one person rather than the other because he is more reliable (Shulchan Aruch, Choshen Mishpat 37:17), in this case, since CP is willing to pay and pl is likely to be in financial difficulties, oo is fit to testify.
It turns out, then, that we have two kosher witnesses (MR. S and oo), but that they contradict each other on whether oo was willing to stand by the deal he worked out with pl. The question cannot be solved. In such a case, we are left with a situation in which there is a contract between def and pl, which is binding (based on common business practice) unless it can be proven that it became irrelevant. Therefore, with no more than a possible claim of negligence on pl’s part, there are insufficient grounds for obligating pl to pay for damages to CP/def.
The sides had given each other checks for payment, should it be necessary. Def says that he needs a delay in payment because of possibly extreme consequences of immediate payment. On the other hand, pl describes his needs as equally dire. We, then, have to follow the timeline as found in the contract. Therefore, in one week, we will enable pl to receive 204,258 NIS for payment for the AM that def/CP received through pl.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
621 - Why Was the Etrog Order Changed? – part II
622 - Why Was the Etrog Order Changed? – part III
623 - Who Caused the Renovations to Stop? – part II
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Beit Din Eretz Hemda - Gazit
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 Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
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: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
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
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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.
