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Ruling: A debtor should pay back a loan as close to its due point as possible, and so def has abrogated his responsibility written in an agreement and must do all that is possible to pay now. Since there are four equal partners, each should pay 63,500 NIS, even if the others are not able and even by selling non-essential property to obtain cash. Additionally, partners are naturally cosigners for each other’s debts (Shulchan Aruch, Choshen Mishpat 77:1). Therefore, if some of the partners are able to pay more than their share, they are required to do so and then turn to the other partners for repayment when feasible.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
693 - Dealing with Uncompleted Renovations
694 - Payment Plans
695 - New Evidence on Possible Partnership
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There is a machloket regarding paying a worker. Ahavat Chesed (I,9:7) learns from Rashi (Vayikra 19:13) that the reason an employer has a grace period is for him to arrange financing. Shulchan Aruch Harav (CM, She’eila 18) says it is only a matter of proper ethics to borrow to pay wages, because of the mitzva to pay. Mishpetei Hachoshen (Sechirut Poalim, p. 407) suggests that the Shulchan Aruch Harav is not a proof other debtors are not obligated to borrow, as it could be that the ethical matter is only to enable someone to pay a worker on time. He also says that the Ahavat Chesed is not a proof that there is generally an obligation to borrow as it might be unique to workers.
Rav Z.N. Goldberg posited that there is an obligation to borrow to pay debts, especially if a person has property from which to pay but does not want to sell it. Similarly, Teshuvot V’hanhagot (II, 702) says that one who is accustomed to borrow money for his other needs is required to do so to pay debts. So, if the partners are borrowing money to finance other commercial needs, they should do so for this purpose as well. Here, we are not forcing def to borrow money but informing them that there is at least a moral ideal to do so, if it is expected that they will be able to pay off the new loan.
Regarding the idea of a new payment plan, it is permitted to do so with a higher total payment without worrying about ribbit (usury) because someone who borrows money in order to lend it is entitled to be compensated for his expenses (see Piskei Din Yerushalayim VIII, pg. 61).
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
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
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.
