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Ruling: [Last time we saw that sel/pl were not bound by sel's original commitment and that pl can charge for use of the property, albeit not an exorbitant price like 45,000 NIS.]
Beit din’s authority to rule on the counterclaim: First, while the only specific example mentioned in the sides’ arbitration clause was about def’s possible payment to pl for using his ground, the clause was written in an open-ended manner, including the terms "all claims" and "the sides, one against the other." Therefore, it is wrong to limit the litigation to claims without considering directly related counter-claims. Additionally, our beit din’s arbitration agreement, which the sides signed later, explicitly includes counterclaims arising from the disagreement, even those which the sides raise as the case proceeds. Therefore, beit din has full jurisdiction.
Payment for def’s services: Both sides agree that def did work of significant value and that he made no demands for payment before adjudication began. Def explains that as long as pl was also helping the joint effort by providing the ground, he did not make demands, but now, he has the right to counter pl’s demands with his own. When one performs services on behalf of another with the latter’s knowledge, the recipient needs to pay unless there is proof that he waived such rights (Rama, Choshen Mishpat 264:4). Therefore, pl has to pay, but not as much as def demands because many homeowners in the building benefited, and one cannot make the demand of payment from only one.
Beit din rules based on compromise that is close to din that the two obligations should cancel each other out, and neither side pay the other. This is the way the sides should have and hopefully in the future will approach joint projects that include gain and sacrifice for all.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
657 - Receiving One’s Due in a Joint Building Project – part I
658 - Receiving One’s Due in a Joint Building Project – part II
659 - Financial Security for a Partner/Worker?
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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 Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 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: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 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.
