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Beit Midrash
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- P'ninat Mishpat
Ruling: It is clear from the contract and hinted at by pl’s witnesses that pl was not intended to keep st. While the contract was written carefully and, for example, is very detailed regarding the equipment, that is also consistent with st serving as a guarantee. According to Halacha, if pl and sel chose a mechanism for a loan to act as a sale and a kinyan was done, it would be binding. According to Israeli law, if the intention was that st should be a guarantee, we would follow the intention. This distinction is important because it is not clear that there was a halachic kinyan. The contract and sel’s giving keys to pl could serve as a kinyan based on situmta (accepted practice), but only if it is binding according to the law of the land, so we turn to the halachot of kinyanim.
Even if pl acted in some ways like the one with control of the physical store, he did not acquire rental rights to it because sel’s rental contract with ldld requires ldld’s explicit agreement to a new renter. Regarding sale of the monitin (roughly, intellectual property) of the store, while the general concept is halachically accepted, its parameters are not. Some view a store’s monitin as mainly the right to continue working in a certain place with a group of customers. If so, since sel himself was unable to transfer those rights, he was not capable of selling them. Also, the contract between ldld and sel stated that the sel would not have any claims to monitin in regard to the store. While the exact intentions of that clause are unclear, pl cannot use it to prevent def from operating the store after def’s agreements with sel and ldld.
P'ninat Mishpat (825)
Beit Din Eretz Hemda - Gazit
639 - When Does the Designer Finish her Job?
640 - Was the Store Already Bought? – part I
641 - Was the Store Already Bought? – part II
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
