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Beit Midrash
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Ruling: Last time we dealt with reduction in salary and d’mei havra’ah.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
649 - Making Up for Unpaid Employment Benefits – part I
650 - Making Up for Unpaid Employment Benefits – part II
651 - Making Up for Unpaid Employment Benefits – part III
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No matter def’s director’s exact wording and intention, he violated lifnei iver (giving bad advice – see Rambam, Rotzeiach 12:14), as he had no reason to be confident that paying when def would get around to it would be fine. If they could not pay, they should have told pl, "Pay yourself, and we will reimburse."
Regarding financial compensation for such cases, the Shulchan Aruch (Choshen Mishpat 306:6) rules that one is obligated if he gave the advice either for a fee or he is not an expert in the field, but only if the recipient made it clear that he was relying on the advice giver. In this case, def is clearly not an expert in pension funds. It is not fully clear that def knew he was being relied upon, but the stronger implications are that they did or should have known. Therefore, we will make them pay 80% of the damage (but def has the right to bring an alternative actuarial calculation).
Def argues that since pl originally claimed the other elements and not this one, it shows that he was mochel (relinquished rights to) this claim. Beit din rejects this argument. Had def paid all of the other elements, then one could say that the claim he did not make was left out due to mechila. However, it is possible that the matter was a package deal ("pay the basics and you won’t have to pay for damages"), and since def refused to pay, pl can now demand everything. Mechila either needs to be explicit or clear, but inconclusive lack of action is not considered mechila.
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 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 Who Breached the Contract? – part IV
Based on ruling 81087 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 P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
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.
