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Beit Midrash
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- P'ninat Mishpat
Ruling: Last time we saw that the question of removing the he’az is on the assumption that def2 deserves to be paid.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
605 - Preserving the Management Company’s Security – part I
606 - Preserving the Management Company’s Security – part II
607 - Promotion that Didn’t Fully Happen
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Beit din analyzed several passages in the partnership agreement. It mentions the need to pay third parties and that he’az is a means to ensure the payment of obligations, but no passage clearly says that a he’az should be used for a third party’s benefit and be put in his name. Everything is compatible with, although not explicit in support of, pl’s claim that the idea was to protect the group from individuals’ refusals to take part in paying third parties, as it would put the burden on remaining members. For that reason, the he’az was supposed to be in the name of def1, their lawyer.
There are several indications that the he’az was not intended as a security for def2. Def1 wrote a letter to pl explaining that he was forced to put the he’az in def2’s name because the Land Registry did not allow him to put it in his own name. He explained that it would not grant power to def2 because of the power of attorney def2 gave him to undo it. One of the financial institutions also referred to the arrangement in that way. Finally, if it were for def2’s benefit, it would have been mentioned in the management agreement (which focuses on def2’s rights).
A plaintiff can petition beit din to take steps to ensure there will be a means of his extracting payment from the defendant. However, beit din should do a "ma’azan nochot" to see which side’s needs are more pressing. In this case, all members of pl are responsible, if needed beyond their portion of ownership, to pay any award def2 might receive, and each owns property that can be used for this. Therefore, the danger to def2 of non-payment is negligible, and the claim that the he’az impedes pl’s ability to receive crucial financing is credible. Therefore, def2 must remove the he’az.
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 Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
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 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: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 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.
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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.
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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.
