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Ruling: The first thing to determine is the relevance of the alleged document. The note has no signatures or date and uses only first names. It does not even refer to a specific apartment by address or description. The final clause within it is in a different handwriting, which admittedly is pl’s, which shows the lack of reliability of the note to serve as a binding document.
The brother’s testimony about the handwriting and his claim that he discussed with pl being partners in the apartment are the testimony of a relative which is of course invalid. The source pl cited about a relative’s testimony serving as a revelation of known matters does not apply here when the basic facts are in dispute. Furthermore, even if we were to accept the brother’s account, the note is not written in a manner that can be binding. Even if the witness is correct that the two brothers discussed being partners in def’s apartment, that does not mean that def agreed to the arrangement.
There is a manuscript of a recorded conversation between pl and def that refers to the existence of a document of some sort. However, it does not describe the type of document that would be legally binding. Furthermore, the note is full of discrepancies. For example, in one of the clauses, it refers to a loan of $69,000, which based on the exchange rate at that time, is slightly more than 270,000 NIS, which the sides agree was transferred. To be clear, the two sides agree that pl gave def a significant amount of money to buy the apartment and that pl was intended to receive significantly more money than he gave to def. Regarding the exact conditions, we do not have agreement or proof.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
633 - What Determines the Builder’s Responsibility – part II
634 - A Loan or a Partnership? – part I
635 - A Loan or a Partnership? – 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 Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
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 P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 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
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.
