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Beit Midrash
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- P'ninat Mishpat
Ruling: Beit din rejected the legal claim of exemption from paying for benefit they might have gotten from pl’s outlay (the sources/logic were not appealed). However, pl failed to prove that what he built helped def, and therefore there is no ruling for payment.
Appeal: Pl pointed out that they brought expert witnesses regarding the value of the wall and the need for a wall. If that did not suffice, beit din should have arranged an expert witness to determine the extent of def’s benefit from the wall, instead of ruling that because they did not know, no payment was coming. He also claims that since the difference between what pl built and the addition that def did was18,769 NIS, def should have had to pay at least half of that, without needing an expert. Def rejects the appeal because the failure to bring an expert is not one of the grounds for appeal (which are: a mistake in Halacha, a clear mistake in the understanding of the case, a mishandling of the adjudication). Def argues that pl had enough opportunity to prove whatever he wanted to, and pl’s experts did not prove there was a net gain for def from pl’s wall.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
695 - Agent who Did Not Set Agent’s Fee
696 - Did Beit Din Research Enough?
697 - Did He Leave the Elevator Work “Between Floors”?
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In this case, beit din went beyond the requirement and made significant efforts to bring experts, starting with the engineer who designed the plans for both sides, but as the sides were told, the engineer refused to take part. Beit din looked to several other experts and one who they decided upon asked for the building permit and several measurements, to which pl complied only partially. Since pl did not cooperate fully, he cannot complain about the matter. Regarding the claim that it is obvious that the partial wall was helpful, this is simply not always the case, as the way additions and an original part of the wall interact are complex and should not to be taken for granted.
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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
Rabbis in Midrash
Lessons
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Israel and the Nations A Few Minutes & Many Innovative Ideas on Antisemitism & What to do About It
As we approach the High Holidays, this short lecture (18 minutes) deals with the unfortunate situation of how Israel and the Jewish People stand against antisemitism, analyzing its cause according to Rav Kook, and how to deal with the issue pragmatically & via our prayers.
Ha'azinu PURSUIT is PERFECTION
p. Ha'azinu, Shabbat Shuva
Rav Kook deals with the question of the seemingly hopeless nature of Tshuva. For G-d Himself knows that He created us with free will, which inevitably means we will sometimes make mistakes and choose wrong. This can easily be frustrating, freezing us into inaction and ye'ush (loss of hope). If one sins even once, does he chalila have no choice but suicide?! Moreover, our Godly conscience demands justice, righteousness and perfection, but we all know this is impossible, so what's the solution? Rav Kook's innovative thinking, strongly based on chazal (our sages), offers an inciteful and important aspect to this topic, especially this time of year!
Sukkot Bug-Free Sukkah: Essential Halachic and Practical Schach Guide
How to inspect, clean, and store bamboo mats and palm branches to protect your mitzvah and holiday meals.
