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Beit Midrash
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Ruling: The first issue to decide is whether sel/pl were bound by sel’s agreement to the plans. The agreement was not to transfer rights to an object (including property) because the land would remain owned by sel. Rather, it was an agreement to do something or act in a certain way (kinyan devarim), which is not binding according to Halacha (see Bava Batra 3a). On the other hand, some poskim posit that an action that is widely accepted in society to obligate oneself (situmta) is binding even for kinyan devarim, and therefore we might have wanted to examine whether signing building plans falls under that category. However, in this case, it does not make a difference because sel only agreed to building in location A, which has been rejected by the planning board. Certainly, every location has its plusses and minuses, and therefore agreement to one place is not a carte blanche.
Regarding payment for using pl’s land, one cannot deny pl’s rights by arguing that he does not lose overall by the building, because in some ways he does lose. Nevertheless, beit din agrees with def that the appraisal that pl presented is illogical. First of all, land that is slated for a garden does not cost 45,000 NIS for a small patch. Secondly, the appraisal refers to the price for buying the property outright. In contrast, here we are dealing just with using it as the base to build upon, with ownership still belonging to pl, who will be using that area as an extension of his apartment. While one can demand whatever price he wants for real estate (Shulchan Aruch, Choshen Mishpat 227:51), the sides entrusted beit din to provide them with the appropriate price, which is not the inflated one.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
655 - Making Up for Unpaid Employment Benefits – part IV
656 - Receiving One’s Due in a Joint Building Project – part I
657 - Receiving One’s Due in a Joint Building Project – part II
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
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 Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
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: 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: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 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.
