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Ruling: Transportation of materials to build scaffold – Although the contract does not discuss transportation of the materials, logic dictates that if the scaffold was necessary for def’s work and will not remain with the final product, then def was to transport these materials like all other tools.
Reneging on the agreement of 6,000 NIS – There are two ways to look at def not charging more than an additional 6,000 NIS: it was mechila of (relinquishing rights to) that which he deserved; it was a peshara (compromise) as to what he deserved to receive. Mechila does not require an act of kinyan to be binding, and peshara does (Shulchan Aruch, Choshen Mishpat 12:7-8). The explanation is that one who is mochel understands better what he is doing, whereas when one agrees to peshara, it is more likely that he agreed based on a misunderstanding of his rights (Sanhedrin 6a). The Shach (ad loc.) says that this requirement of a kinyan only applies to pesharot upon which beit din presided, whereas those done by the parties are binding without a kinyan. Possibly, according to the Maharam Lublin, the source of the Shach, this is only when the sides give up their rights and not when they are arguing about money and either could lose. However, the Shach seems to treat our case like that of people who prefer to decide the matter themselves rather than adjudicate, so that it would be binding. Therefore, we do not allow def to back out of the agreement.
Reduction from VAT – the contract does not address this matter, but pl says that this is because they do not want in writing that def is granting an "exemption" from VAT. In any case, pl did not prove an "exemption." In practice, def has paid VAT on the entire sum, and the question of VAT was already on the table when the sides agreed on the 6,000 NIS. Therefore, pl must pay def for full VAT.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
673 - Paying for Changes to Building Project –part I
674 - Paying for Changes to Building Project–part II
675 - A Commercial Rental for a Closed Business – part I
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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)
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 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
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.
