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Ruling: [Last time, we saw that financial logic, the language of the agreement and an admission of pl in a different beit din all indicate that pl did not own 10% of the property but only has claims to 10% of profit.]
In general, legally and halachically, entry of ownership in the Tabu is very significant, and in this case, it seems to support pl. However, there are problems with the support it gives. Pl admits that he never had more than 10% rights, yet the Tabu had him at 25%, and now at 13.5%. Thus, the Tabu is not an accurate indication. Def1 does not appear in it at all, and yet all agree that he is the main owner and that the Tabu was done as it was for technical reasons (the sides preferred not to discuss details).
Arguably, pl has a migo (proof of telling the truth from the fact that he could have won with a claim that he admits is not true). In a case where the thing he wants to rely upon is invalid (the Tabu, in regard to this case), we have an indication from the gemara (Bava Batra 32b) that migo does not help. Our beit din has ruled in the past that when an entry in Tabu can be demonstrated to be incorrect, the Tabu is to be fixed rather than being able to validate that which is not true. The other official papers that state that pl is a 13.5% owner are just extensions of the Tabu entry.
Agr states that pl is to cooperate with requests for building permits, and based on the timing of the letter of understanding, it clearly applies to stage 2 of expansion as well. While an obligation to do something is not generally halachically binding, since def1 relied on the promise, pl would at least be obligated to pay for damages stemming from his refusal. Furthermore, in our times, an obligation to go along with a building practice can be binding based on dina d’malchuta (the Law of Contracts) and accepted practice. Therefore, pl is to cooperate with the process or face sanctions from beit din.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
701 - Learning Right after Shacharit
702 - Extent of Partnership – part II
703 - Did the Renovations Cause Damages?
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Beit Din Eretz Hemda - Gazit
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)
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 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
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 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.
