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Ruling: [After discussing complaints about the rented location, we now discuss the matter of merchandise supplied.]
Regarding the factual question of how many lulavim pl received and must pay for, we accept pl’s claims for the following reasons. First, they are defendants in this matter who are saying definitively that they did not become obligated in more of the payment than admitted. In contrast, def2 seek to receive payment and also do not sound as confident that they gave all but 40. We also expect pl to remember better, as they were dealing only with their small orders, as opposed to def2 who sold 40,000 sets to many dozens of retailers. Whether or not it was customary or wise to do so, pl have a right to accept only the merchandise they ordered, and so they are exempt from paying the 16 NIS each that the 80 lulavim cost, for a savings of 1,280 NIS.
Based on the prices discussed in beit din, pl is claiming that the lack of preserved lulavim caused 20 sets to not be sold (11% of full sales). This is not an exaggerated claim, but the burden of proof is still on pl that the shortage of preserved lulavim caused them to sell significantly less to the degree of certainty to obligate for damage in the form of preventing gain. It is also not clear that pl did not have alternatives to have prevented the damage, such as accepting the alternatives or buying the extra lulavim from a different supplier (pl claimed that def2 repeatedly promised they would provide what was ordered). Therefore, according to strict Halacha, we cannot obligate def2 in damages. On the other hand, def2 themselves said that when an order is not delivered as promised, the buyers and sellers work out a compromise. It is also possible to give a reduction to pl on the other elements of the sets that they bought and did not use. The dayanim disagreed whether and how to calculate a small compromise on this point [the details of which are too technical for this forum.]
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
669 - Disappointment with Arba Minim Sales Provisions – part II
670 - Disappointment with Arba Minim Sales Provisions – part III
671 - Aftermath of a Complex Partnership – part I
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Beit Din Eretz Hemda - Gazit
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
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 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: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
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
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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.
