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Ruling: Beit din rejects the claim for compensation for the delay in renting out the stores due to the damage. Since we ruled that def had additional time to make the stores available, not being able to rent them out earlier than they were cannot be payable damage.
Regarding payment for the damage, since def originally accepted responsibility, he is not believed to change their mind on the matter (Shulchan Aruch, Choshen Mishpat 80:1). However, we reject the approach taken in pl’s engineer’s report. In the hearings, it came out that def gave pl tiles and told him to install them. Def said that he could have had workers install them, but pl did not want them to do so; pl disputes this. However, originally pl did not complain about the tiles. It is unclear if there are presently a few broken tiles or somewhat more. Since we have decided that def is responsible, it follows that def is a modeh b’miktzat (admits part of the claim), which requires him to swear on the level of Torah law on the additional amount he denies. This is replaced in our days by a partial payment (see Shulchan Aruch, CM 12:2). We accept the approach that the amount of the partial payment depends on the dayanim’s intuition regarding the specific case.
We do not accept the approach that pl can demand replacement of all of the tiles. It is true that our preference is to compensate damage by returning the situation to the equivalent of what existed before (see Eretz Hemdah-Gazit ruling 81095). This might indicate switching all the tiles to keep uniformity, which is aesthetically significant. However, one must consider how many tiles need to be replaced and the percentage of the floor they represent. In this case, despite the disagreement on exactly how many tiles were damaged, it is certainly unjustified to change them all. There are also ways of removing the signs of damage from many of the tiles. Considering the partial admission and the prospects for fixing them, we obligate def to pay 1,000 NIS. Def also has to pay for fixing the hole in the wall.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
729 - P'ninat Mishpat: Compensation for Transfer of Business to One Partner
730 - Problems Arising from the Sale of Stores in New Project
731 - Responsibility for a Replaced Water Heating System
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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)
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 A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 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
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.
