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Ruling: Pl provided a picture of the joint wall, which shows a clear crack in it. Def’s contractor testified, but beit din found his testimony lacking in credibility. Def also chose not to interrogate a witness for pl who said that one of def’s workers came in soon after the damage was done, admitted responsibility, and apologized. All of the factors together lead to the conclusion that the damage occurred as pl describes.
A homeowner is allowed to do work on his property but only if he can ensure that it will not cause damage to his neighbor’s property (see Beit Yosef, Choshen Mishpat 155; S’ma 154:38). While there are different opinions about the level of responsibility, there is a consensus regarding a situation called "his arrows" (Bava Batra 22b). The Rambam (Shcheinim 10:5) says that when there is immediate damage to a neighbor by one working too close to the other’s property, it is as if he damaged "with his own hand." Since the work was done at def’s behest, def is responsible.
As far as claims of delaying and attempts to evade responsibility, pl was able to provide a great number of electronic messages sent to def with none of def’s responses showing an openness to adjudicate. Based on the timing, it is clear that def agreed to come to beit din only as pl’s suit in secular court was about to be heard. Therefore, while beit din does not usually make a litigant pay for the process leading to and of adjudication, that is when all acted in good faith. While we do not accept pl’s raising the claim after the litigation began without a good explanation, we do obligate def to pay not only the 3,500 NIS bill for the repairs (which were never coherently disputed), but also 4,000 NIS for the extra difficulties pl had in bringing him to justice due to def’s acting in bad faith.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
651 - Compensation for Questionable Firing
652 - Damages One’s Workers Might Have Caused
653 - A Worker Paying for a Stolen Car – part I
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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 P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
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
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 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
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.
