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Ruling: While it is true that the funds that pl put up were 10% of the purchase and building’s expected budget, logically, pl should not receive an equal part per investment to def1’s part, as the latter was the developer, whose idea the project was and who put in massive amounts of work and expertise into the project. Pl could have even gotten all his investment back, in which case it would take a strong proof to convince one that he had been given profits plus ownership.
Still there is a need to analyze agr’s language, which is the most influential factor. The term partnership is found in agr’s title but not in the rest of the long document, which makes it more likely that it is an investment agreement. Beit din made several inferences from the language, all of which appear to support def1’s version of the agreement. One of def1’s stronger inferences is the fact that the apartment pl received was priced and it was discussed how it impacted the remainder of pl’s rights. If pl were a partner in the property, an apartment in the building would be a natural right, which would not have to be bought. In general, when there is a doubt how to interpret a contract, the one who needs it to give him rights, which, in this case, is pl, begins with the weaker position (see Bava Batra 150b). This just strengthens the indications that def1 is correct that the contract views pl as no more than an investor. The language of the letter of understanding also fits better with def1’s claims.
Furthermore, in a hearing before another beit din on an internal conflict between residents of the building, in explaining the financial dynamics in the building, pl stated that the roof belonged to def1. If pl were a 10% partner in the building as a whole, he should have said that he was also a partner in the roof. Statements made before a beit din, even in a different context, can be used as an admission if that is what comes out of the content of the statement.
We continue next time.
Bemare Habazak - Rabbis Questions (654)
Rabbi Daniel Mann
551 - May we make the Kiddush before Kri’at Hatorah?
552 - Extent of Partnership – part I
553 - An Oleh Who Wants to Lain His Aliya
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Beit Din Eretz Hemda - Gazit
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
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
Rabbis in Midrash
Lessons
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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.
