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Ruling: We will deal with different issues each week of presentation.
The claim that pl’s mother owns the apartment – that is not something we can incorporate into this decision. Pl’s mother did not join these proceedings as a litigant, and therefore her claims (or her son’s claims in her name) are not able to be considered. Additionally, we have not been shown any documentation that indicates the claim is true, and pl himself has acted as if he owns the property. Finally, that matter was already presented to the courts. If the courts did not place a restraining order on the sale of the apartment, which a different court already approved, we do not have grounds to disqualify the purchase. Of course, if the courts ever accept the claim that pl’s mother is the true owner, the basis for the sale by Hotza’ah Lapo’al will presumably be undone.
The claim that def agreed to undo the sale – If one orally agrees to a sale without an act of kinyan and then backs out, there is a grievance against him known as mechusarei amana (lacking credibility) (Choshen Mishpat 204:7). However, that is a moral claim, not one that beit din enforces (Shut Ra’anach 118). Furthermore, def claims with confidence that he only said that he would consider if it could be done. If that is the case, and pl did not bring any evidence that it is not, then there is not even an oral agreement on this matter, and these are not grounds for even a moral obligation.
Pl claimed that by def giving the impression he would agree to undo the sale, he prevented pl from bringing his new offer to the koness nechasim (appointee of the court for bankruptcy cases). There is no evidence and little logic that the koness nechasim would have acted differently after the courts finalized the sale to def, according to his recommendation. Additionally, there is no evidence that def deceived pl. Even if these things would have occurred, such damage would be no more than gerama (indirect causation) and not grounds for action by beit din in this case.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
667 - Judging Someone who Refuses to Appear before Court
668 - Did the Owner Exhaust his Opportunities? – part I
669 - Did the Owner Exhaust his Opportunities? – part II
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Beit Din Eretz Hemda - Gazit
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
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 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.
