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Ruling: [We saw last time that def was bound by their agreement and cannot renege based on misinformed consent. Now we discuss how much to pay.]
Since 3,500 NIS was the basic price for the game and in this case def did not get to benefit from it, paying that amount turns out to be a penalty, and possibly an asmachta (an obligation one never expected to be actualized), which is not binding (Choshen Mishpat 207). However, in this case, the sum is not exaggerated, due to pl’s loss of income (see Bava Metzia 104a), as work was done and def backed out at the last moment. This is strengthened by the fact that this type of clauses are standard in many present-day contracts. Therefore, the cancelation fee of 3,500 NIS is binding.
There are two issues regarding the late fee of 7,700 NIS – asmachta, and ribbit. First, considering that the initial payment in this case is itself only a penalty, to attach such a steep appreciation is exaggerated and therefore a problematic asmachta.
Regarding ribbit, the Shulchan Aruch (Yoreh Deah 177:14) rules that if one obligates himself to pay a certain amount for late payment, it is forbidden because of ribbit. We have found a very novel idea by Rav Shlomo Zalman Auerbach that when one pays extra after not paying, it can be considered paying for his treachery rather than ribbit if he was not given permission to pay late. Others argued on Rav Auerbach based on the Rashba (Shut I:651). Therefore one cannot extract this late money when it is not clear that def is obligated. Because def’s delaying was wrong (as even they admit), def will have to pay the full beit din fee.
P'ninat Mishpat (825)
Beit Din Eretz Hemda - Gazit
661 - Reservation of an I-pad Game – part I
662 - Reservation of an I-pad Game – part II
663 - Did the Advisor Do Enough?
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Beit Din Eretz Hemda - Gazit
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 A Commercial Rental for a Closed Business – part II
based on ruling 80047 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 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: 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: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Using Car that Was Supposed to be Returned
based on ruling 84065 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 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.
