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Beit Midrash
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Ruling: A major part of the disagreement relates to the fact that there are different parties in the project. In actuality, the yazam (project developer) is the yishuv, who hired ins and was in charge of the major elements of the project on behalf of the different homeowners. On the other hand, the contracts, signed by individual landowners and pl, describe the agreement as one between individuals and a contractor. Therefore, pl views the decisions of ins, which were approved by the landowners’ representatives as having legal standing for all, even when they contradict the specifications that def (and others) had been given.
According to the updated rules of precedence in decisions, which def signed, ins is indeed authorized to make decisions. The rules do state that this is the case when it is written in the project’s log. It is possible to view that provision as essential, i.e., that an oral decision is not binding even when it is not disputed that it took place, or to look at it as only descriptive, i.e., ins is expected to write things down so that questions do not arise as to what he said, but when not in doubt, his decisions are valid. According to logic and common practice, the latter is correct; matters that are evident regarding parties’ intentions supersede written word (Tosafot, Kiddushin 49b).
Even though we accept ins’ instructions as determining that which should have been done, this does not mean that ins is authorized to relinquish def’s contractual rights. Therefore, if an element from the specifications was not carried out, def is entitled to have the value of that element reduced from the amount due to pl.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
629 - Payments for Leaving Apartment in Disrepair
630 - What Determines the Builder’s Responsibility – part I
631 - What Determines the Builder’s Responsibility – part II
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part I
based on ruling 84044 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: Undoing a Problematic Partnership – part III
based on ruling 84061 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
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.
