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Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
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 (832)
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 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 Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
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: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Israel and the Nations A Few Minutes & Many Innovative Ideas on Antisemitism & What to do About It
As we approach the High Holidays, this short lecture (18 minutes) deals with the unfortunate situation of how Israel and the Jewish People stand against antisemitism, analyzing its cause according to Rav Kook, and how to deal with the issue pragmatically & via our prayers.
Ha'azinu PURSUIT is PERFECTION
p. Ha'azinu, Shabbat Shuva
Rav Kook deals with the question of the seemingly hopeless nature of Tshuva. For G-d Himself knows that He created us with free will, which inevitably means we will sometimes make mistakes and choose wrong. This can easily be frustrating, freezing us into inaction and ye'ush (loss of hope). If one sins even once, does he chalila have no choice but suicide?! Moreover, our Godly conscience demands justice, righteousness and perfection, but we all know this is impossible, so what's the solution? Rav Kook's innovative thinking, strongly based on chazal (our sages), offers an inciteful and important aspect to this topic, especially this time of year!
Sukkot Bug-Free Sukkah: Essential Halachic and Practical Schach Guide
How to inspect, clean, and store bamboo mats and palm branches to protect your mitzvah and holiday meals.
