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Beit Midrash
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- P'ninat Mishpat
Ruling: We saw last time that sel did not sell/rent the physical store, which he was not authorized to do, and was not able to sell the monitin (value of the operation).
Regarding the sale of equipment, standard physical kinyanim were not done. Kinyanim in conjunction with the real estate could have worked had the store been transferred, but it was not. The contract could have worked due to accepted practice (situmta), but two things prevent that. Since according to the law of the land, the whole contract is viewed as supporting a loan agreement, it cannot create a kinyan based on convention for the equipment. Also, since the contract did not work regarding the store and the monitin, it probably does not work regarding the equipment. There is in general a machloket on whether a kinyan regarding different things can work for some and not for others, especially when no distinction is made between one part and another. Therefore, def can hold on to the equipment presently under his control based on those opinions.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
641 - Was the Store Already Bought? – part I
642 - Was the Store Already Bought? – part II
643 - Paying for an Unwanted Rental
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Although it is not needed in this case, takanat hashuk apparently would apply because pl had no way of knowing that def had bought anything from sel. Pl went through all the legal processes and while he showed concern not to lose out due to sel’s dealings, it is likely not because he knew of a sale but because he knew that sel was in debt.
Therefore, pl cannot take away st and its content from def’s control.
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 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
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 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
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
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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.
