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Ruling: Agreements that cannot be kept due to a pandemic fall under the category of a makkat medina (a broad unavoidable problem that cannot be attributed to anyone’s "bad mazal"). The Rama (Choshen Mishpat 321:1) rules that if one rents a property and then cannot use it due to a makkat medina, he can take off from the rent. For the time he could not use it, he need not pay.
Elsewhere, the Rama goes further (ibid. 312:17). If one rented a house and the whole city burned down, then for the time after the fire, he even gets a refund of what he prepaid. The Taz and Shach (on CM 334:1) rule that the same is true even there is nothing wrong with the rented house but that people needed to flee the city due to a plague. The Mabit (I:40) says that the same is so if non-Jews kicked the Jews of the city out of their houses. In our case, then, pl should deserve their money back.
Another approach that supports pl is presented by the Netivot Hamishpat (230:1). Even if one buys a house, if before he had an opportunity to benefit from it, a makkat medina prevented using it, he can back out of the deal based on the assumption (umdana) that one would never agree to acquire it if such circumstances were included. The Chazon Ish (Bava Kama 23:10) also explains the lack of responsibility to pay for a rental that cannot be used based on umdana.
On the other hand, the Machaneh Ephrayim (Sechirut 7) says that if the renter paid a down payment and then a makkat medina occurred, the owner does not have to return the down payment. Here the Machaneh Ephrayim applies, as he is based on Tosafot (Bava Metzia 79b) talking about a case in which neither side to the agreement is able to follow through on it. Here too, the government does not allow the halls to open or people to assemble there. However, the Machaneh Ephrayim is a minority opinion (see Minchat Pitim, CM 321:1). Therefore, in the standard case of a hall closed due to Corona, the down payment must be returned.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
637 - Unartistic Material for Artistic Work – part II
638 - Refund for Bar Mitzva Cancelled Due to Covid – part I
639 - Refund for Bar Mitzva Cancelled Due to Covid – part II
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
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 Payments after a Gradual End of Employment
(Based on ruling 82024 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
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 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.
