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Ruling: With the features pl included, the system could have operated safely had pl used it differently. Therefore, pl cannot nullify the sale based on mekach taut. In fact, it can still be used with replacements and repairs. Def cannot be blamed for the damages, as he installed the system properly and did not give the directions to detach parts of it during the summer break.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
731 - Problems Arising from the Sale of Stores in New Project
732 - Responsibility for a Replaced Water Heating System
733 - Compensation for Transfer of Business to One Partner – part I
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Halacha discusses various factors that determine when a professional who gives bad advice that causes loss of money is obligated (see Bava Kama 99b): One with high-level expertise has reason to be exempt. One who is paid is more likely to be obligated. While def is an expert on some level, he admitted to not having much experience with systems of this magnitude. A third factor is whether the professional knew that the client was relying upon him. (ibid. 100a). The Rif (ad loc.) says that he is obligated only if the reliance was explicit, and the Shulchan Aruch accepts this opinion. Tosafot say that implicit reliance suffices, and some Acharonim rule that way. In our case, while it was not explicit, the reliance was very clear from the interactions, as def continued to be connected as they were getting the new system. Therefore, all should agree that def is obligated.
Getting the new system made the old system useless, wasting the latter’s value, which is 173,000 NIS minus the devaluation that already existed without def’s fault (29,000 NIS). Therefore, the payment due is 144,000 NIS.
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
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 Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
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: How Many Dayanim?
based on ruling 84139-1 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
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.
