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Ruling:
This week we will deal with the main issue, which pl calls dina d’bar metzra.
This case is not governed by bar metzra, which means that a seller should give the first chance to buy to a neighbor, who can maximize benefit, and after the fact, the neighbor can transfer the sale to him. Here we are not talking about a sale, but taking the property as payment of a debt. There too there are halachot of lifnim mishurat hadin, but that is called shuma hadar, i.e., the debtor who had his property taken can pay the debt with money and get his property back (Bava Metzia 35a). In this case, pl’s claim may be even stronger because pl demanded his property before def took full control.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
669 - Did the Owner Exhaust his Opportunities? – part I
670 - Did the Owner Exhaust his Opportunities? – part II
671 - Paying for Changes to Building Project –part I
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The classic case of shuma hadar is when the creditor himself took the property as payment, so he can be told, "The debtor is giving you the money you deserve, so why should you keep his property?" The gemara says that if the creditor sold the property to someone else before the debtors request, the debtor cannot claim it from the buyer, because of the latter’s specific interest in it.
How do we treat our case, where the buyer did not buy it from the creditor but from the debtor, through the court’s intervention? Logically, the reason to not say shuma hadar applies, as def had interest in buying this property (see Dei Hashev, p. 65). There are sources (including Shut Beit Ephrayim, Choshen Mishpat 58) which speak about avoiding ani mehapech bacharara (preempting someone with precedence from acquiring). However, that does not apply here because pl had several opportunities to obviate the need to have his apartment sold, so that pl cannot have claims against def.
Therefore, def is not required to return the apartment to pl. According to one dayan, because there is a good chance that def received a particularly good price, he bought the apartment as an investment, and he might have not given pl as much opportunity to get it back as he should have, def is recommended to voluntarily allow pl to get it back with a modest profit for def.
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
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 Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 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
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 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
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.
