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Beit Midrash
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Ruling: First we must determine if def can be held responsible for damage that pl physically himself caused by plugging in and turning on their appliances. When one shows a moneychanger coins he is considering accepting and the latter mistakenly approves them, the moneychanger is obligated to pay for the loss if the customer informed him that he would be relying on the appraisal (Shulchan Aruch, Choshen Mishpat 306:6). The Netivot Hamishpat (ad loc. 11) claims that when one has paid for the advice, he does not have to state that he is relying on it. When def told pl that the apartment was ready for full occupancy and this belief caused damage to the appliances, def became obligated to pay.
Additionally, in the contract between def and pl, def accepted responsibility for flaws in building (which are done by a contractor’s workers or subcontractors). Only in the case of unusual extenuating circumstances is one who obligated himself exempt (Gittin 73a).
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
609 - Promotion that Didn’t Fully Happen
610 - Responsibility for High-Voltage Damage
611 - Dispute on the Manner in which a Rental Ended
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There are two ways to appraise damage in such cases: 1. To see how much the object’s market value depreciated. 2. To have the damager pay for repairs. There can be a significant difference between the two regarding cases a used object. Rav A. Scheinfeld (Chok L"Yisrael, Nezikin pp. 194-196) demonstrates that the classic halachic means of appraisal is the former. However, Rav Y. Blass (Techumin, v. XIII, p. 389) points out that this is often unfeasible when the object is something that is not normally sold so that the change in value before and after the damage is negligible. Rather in many cases, it is logical to make the damager pay to fix the damage. In our case, we prefer to have def pay according to the price of fixing.
While it is now too late (the appliances were replaced and discarded) to know for sure if the appliances could have been fixed, we will obligate def not for their full value but for how much we could have expected to have made them pay for fixing it, which is 1600 NIS between the two appliances.
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)
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 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 P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
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
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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.
