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Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Ruling: We will start with beit din’s ruling on def’s various claims that ostensible agreement to pay additional sums are not binding.
1. Due to financial, physical, and emotional pressure, def is not responsible for the decision – in order to not be bound by commitments, a person must be on the level of a cheresh, shoteh, or katan (Shulchan Aruch, Choshen Mishpat 235:20). Both in her appearances before beit din and in her recordings of her conversations with pl, def comes off as a fully capable adult who was aware of what she wanted and was willing to pay. As far as pressure regarding this deal, only when under special pressure (the gemara refers to a fugitive on the run) and an unfair price for the service, may one renege on the commitment (ibid. 264:7).
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
625 - Who Caused the Renovations to Stop? – part II
626 - Who Caused the Renovations to Stop? – part I
627 - Who Caused the Renovations to Stop? – part III
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3. The page of additional charges was written when there was a relationship of trust – the fact that there had been a good relationship does not make an agreement optional or conditional on continued good relations, as long as there was informed consent. One who wants conditions must stipulate them.
4. The page of the additions was not signed – since def admits the page was composed together to serve as the basis for the continued work, it need not be signed to be a binding blueprint of employment (Beit Yosef, CM 331).
Therefore, def was obligated by her unsigned agreement to pay for additions. Comparing notations on various versions of the agreement raised doubts about agreement on certain elements. Based on that, a modest sum was reduced from the claim of 39,600 NIS.
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 Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 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 P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 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: Undoing a Problematic Partnership – part II
based on ruling 84061 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
Rabbis in Midrash
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 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)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
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Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
