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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 (826)
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
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
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
Rabbis in Midrash
Lessons
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Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
