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Ruling: Beit din’s expert reported that the list of jobs the elevator company provided that needed to be done before the elevator could be installed included things that were within def’s obligation to provide. Thus, def had not finished his originally obligated work. Def did not even inform pl that he thought the shaft was ready for the planned elevator and did not order it from the company, which he could have done easily, even if he wanted to be phased out.
Because it is considered that def backed out of the job without justification, he has to return the amount that pl paid that goes beyond the promised price for the whole job (390,000 NIS). (Beit din then went into detail about how much should be subtracted for each element that pl had someone else complete. We will see just a smattering.) The electric boxes needed to be moved but not to the extent that pl did it, and therefore there is only partial reimbursement for this.
Regarding the change in elevators, the price quote that def got for the first elevator is 33% cheaper than its market value (per expert). Since def backed out of the agreement, he is obligated to pay according to what it would have cost pl to finish off the purchase (at full price). In that way, pl saved money for def by buying a cheaper elevator than envisioned (by 80,000 NIS), even if it is more expensive than the price def could have gotten it for. Therefore, even though buying the new elevator required extra work to prepare to install it, that still came out to be less than the 80,000 NIS saved.
After many calculations and technical analyses, beit din obligated def to return 72,450 NIS.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
697 - Did Beit Din Research Enough?
698 - Did He Leave the Elevator Work “Between Floors”?
699 - Learning Right after Shacharit
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Beit Din Eretz Hemda - Gazit
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 Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Undoing a Problematic Partnership – part III
based on ruling 84061 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
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.
