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Ruling: We saw last time that in a standard case of pandemic-caused cancellation, the customer gets his down payment back.
Does def’s claimed offer of an alternative make a difference? Def admitted to not having offered to do the event outside on time, which was then a possibility. He implied that he did not look for alternatives because pl asked repeatedly for a refund. In any case, pl did not have to accept a different type of event than that which was agreed to, including by changing the date (pl claims doing it on the exact birthday was important to them).
The contract states that the "down payment will not be returned in any case, including mourning." Generally explicit agreements change the regular rules, but here it is not so for a few reasons, all connected to the idea of following the sides’ intentions. First, if we take the language of the contract literally, then even if def decided not to do the bar mitzva, he would not have to return the down payment, which is inconceivable. Rather, it refers to pl backing out, no matter their reason, and this indeed is what all the examples given in the subsequent lines relate to, including death of a relative. This should not extend to cancellations due to an external factor affecting both sides. Also, when conditions are made, they do not apply to extraordinarily rare cases (see Shulchan Aruch, Even Haezer 144:1 and Taz ad loc.) That is because those making the agreement did not have such cases in mind. Certainly, a virus that has caused Israel to close all halls has not happened in many decades.
Sometimes in cases like this (makkat medina), batei din employ compromise as suggested by the Chatam Sofer. In this case, we have decided not to do so for several reasons, including: 1) neither side wants compromise; 2) the Chatam Sofer discussed a case of an ongoing relationship, whereas here def never ended up providing anything for pl; 3) we think def could have done more to accommodate pl. Therefore, def must return the whole deposit.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
639 - Refund for Bar Mitzva Cancelled Due to Covid – part I
640 - Refund for Bar Mitzva Cancelled Due to Covid – part II
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
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 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 P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 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
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.
