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Ruling: We have discussed all of the claims of the suit. Now we will examine def’s offsetting claim of hityashnut (statute of limitation), that too many years have gone by since the events that caused the obligations. Def claims that this is a sign that the claims are untrue and that Israeli law does not allow such claims to be presented to court.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
653 - Making Up for Unpaid Employment Benefits – part III
654 - Making Up for Unpaid Employment Benefits – part IV
655 - Receiving One’s Due in a Joint Building Project – part I
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When there are grounds for payment, we do not say that the passing time without a claim is a proof of mechila and that beit din must be suspicious about the fact that the claim was raised late unless the suspicion has specific merit (Shulchan Aruch, Choshen Mishpat 98:1-2). Thus, Halacha does not fundamentally recognize hityashnut. The likely difference in this matter between Halacha and secular law is that Halacha is more concerned with justice than with "proper procedure" (one should make his claim promptly and allow the obligated to "move on") (Mishpetei Uziel IV:28). Beit din need not be suspicious of the claim regarding the pension because def agrees with the claim’s factual basis.
Some poskim entertain the possibility of hityashnut entering Halacha based on accepted practice (see Pitchei Choshen, Halva’ah 2:(72)). Our beit din accepts this approach when there is such a minhag, including when it developed because of the law. However, this applies to obligations that are created due to agreement between the parties, not in a case like ours when it is based on damages, when def caused pl to rely upon him and failed to follow through.
Additional reasons that hityashnut does not apply here: Israeli law views hityashnut as a matter of court procedure, not of the forfeit of the obligation. Additionally, while the law applies to arbitration, religious courts were excluded from the law (because they are entitled to their own procedures). Finally, the law requires a litigant to invoke hityashnut at the first opportunity. Def did not do so at the first hearing, but only in later written submissions.
Beit Din Eretz Hemda - Gazit
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
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 I
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: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 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
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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.
