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Ruling: [We saw last time that the "document" was not a binding agreement.]
According to one dayan, regarding the question of how much pl received as repayment of the loan, we cannot conclude that more than 220,000 NIS was given, as def has no proof he returned more. However, the majority rules that since we only know that def received 270,000 NIS in the first place based on his admission, he is to be believed that he paid back all of it, and only needs a minor oath to confirm it. In lieu of such an oath, which we do not administer in our days, def should pay a third of the money in question (16,667 NIS).
If def is correct about the nature of the payments, the rent was ribbit ketzutza (a full violation of ribbit, if, as here, it was mandated from the time of the loan), which a creditor needs to return even after already receiving it. In this case, 216,000 NIS was paid in that manner. According to one dayan, since time has gone by after the payments stopped and still def did not demand the money back, we can assume he was mochel (relinquished rights), which is effective (Shulchan Aruch, Yoreh Deah 160:5). According to the other dayanim, one cannot employ mechila here because def was not aware that he had the right to demand the money. In any case, we could not extract the money, because there is no proof that the money was given as an interest-based loan, as it could have been a partnership. Since we are treating the situation as an unproven doubt, where the one holding on to money keeps what he has, pl is unable to claim rights to half of the house, and def is unable to receive in return the rent/ribbit payments.
In terms of bottom line, then, def must pay pl 16,667 NIS for possibly outstanding return of the basic loan.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
635 - A Loan or a Partnership? – part I
636 - A Loan or a Partnership? – part II
637 - When Does the Designer Finish her Job?
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 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.
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.
