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Ruling: The 2012 contract is binding, as it was signed by authorized officers of each organization. The fact that other contracts (signed and proposed) do not include the clause to enable def’s removal does not invalidate the contract or the clause. As the Shulchan Aruch (Choshen Mishpat 45:3) rules, one cannot deny being bound to all of a document he signed based on the claim he was not aware of its content. Although the following is not necessary to validate the clause, we point out that until the 2012 contract, the agreements were with the regional council, which paid for def to service the community at pl’s auspices. The 2012 contract, the only one between these two parties, can be different than the previous ones. Later draft agreements are not an indication of an end to previous agreements if the two sides decided not to sign them.
There is more to discuss regarding the claim that since the 2012 contract expired years ago, its clauses are not relevant to subsequent, oral agreements. There is a machloket whether an expired contract is still relevant. The Taz (CM, 333:8) and Shach (CM 333:44), in the context of labor agreements, rule that all of the details of the old agreement that were neither renewed nor revoked continue to be in effect. The Rama (ad loc. 8) and Machaneh Ephrayim (Sechirut 11) say they do not continue. There is a further machloket (see treatment in our beit din’s ruling 70024) whether those who posit that provisions continue say so when the new agreement changes other elements of the previous agreement. However, since the only explicit change was the price of the rental, which naturally goes up over time, that change is not indicative of the lapsing of the other provisions.
We will continue from this point next time.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
715 - Rights of a Yishuv on Peripheral Land – part I
716 - Disagreement on Length of Rental Commitment – part I
717 - P'ninat Mishpat: Disagreement on Length of Rental Commitment – part II
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
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 Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
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.
