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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 (829)
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
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
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 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
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.
