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Ruling: The sides signed a contract, and there is no evidence that an act of kinyan that works for movable objects was done. Def paid 10,000 NIS, but payment is not a kinyan for movable objects. On the other hand, the contract says that the transaction was on "the tree in regards to its fruit," so that payment should be a valid kinyan for things attached to the ground (Shulchan Aruch, Choshen Mishpat 190:1). Even if the payment was done by bank transfer, that should work as situmta (an accepted way of doing kinyan). According to most poskim, this works even when only partial payment was made (Aruch Hashulchan, CM 190:3, as opposed to S’ma 190:1). In this case, the kinyan took effect only in regard to fruit of at least grade C, which is valid even though it is a kinyan on an object in regard to its fruit (Bava Batra 63a).
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
685 - Limits of Interest Rate for Loan with Heter Iska – part III
686 - Demand of Top-Quality Merchandise from Supplier
687 - Granting a House to a Neighbor’s Son – part I
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Def claimed that there is a custom among merchants that buying a crop is conditional on its quality. The expert whom beit din hired said that it is not possible to talk about a custom on a matter like this because it is rare for a person to buy the entire produce of an orchard and leave the work in the orchard in the hands of the orchard’s owner.
Def also claimed that there would be ona’ah (mispricing) if he had to take all the reasonable etrogim because grade C etrogim are not worth 18 NIS, and in this case, their percentage in the crop was too high. This claim is not applicable here for a couple of reasons. First, ona’ah does not apply to land or that which is attached to the ground. Also, there is a machloket whether there is ona’ah when the price is not set at the time the transaction took place (on fruit that had not yet grown) (see Beit Yosef, Bach, and Shach, CM 209:1). Finally, when, along with the possibility of loss, there is also a possibility of great gain, there is also a machloket (Maharashdam 379; Maharshach III:62) if ona’ah applies, and many poskim agree that it does not.
Therefore, def is required to pay for every etrog from grade C and above.
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
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
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 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
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.
