YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: An expert hired by beit din decided to employ a system of appraisal that uses years of revenue to predict future revenue and value, and the sides agreed to it. He arrived at the value of 288,000 NIS. Subsequently, the sides questioned the number’s relevance, as follows. Def demands to factor the 165,000 NIS worth of property he claims to have left with the center. Pl argues that she did not get the center’s full value because she had to start many elements of the business from the beginning (e.g., computer program, phone number). She also demands to subtract from the value the expense of moving, as the lease cannot be renewed.
Regarding def’s claim of property, the expert confirmed that the system includes the property that is needed to make the business profitable. According to dayan 1, it indeed is true that pl did not receive all of the value of the business, and the calculation should be lowered to 270,000 NIS. The need to move should not be considered, for the following reason. It was discussed that the owner of the center would have the opportunity to develop a new, large area. While development is costly, there are indications that the opportunity is well worth it. While there was not a claim that this value should be added to the center’s value, it is reason to not reduce the value due to cost of moving. [Analysis of the claim that pl was underpaid and that this greatly inflated the value is beyond our scope, but makes the following necessary.] One of the ways to decide on the partner who is to receive the business is to give it to the one who is willing to pay more. Clearly, the sides subjectively saw the center as worthwhile to pay for significantly. Therefore, according to one dayan 1, we should not reduce the value further, and def should receive 270,000/2 = 135,000 NIS.
According to the majority of dayanim, the 288,000 NIS should not be reduced, and based on their view of a partial partnership, to not include property, def must be compensated for giving it up. Def claimed the property was worth 165,000 NIS, whereas pl says it is worth 35,000 NIS. Def did not ask for an appraiser and did not document the value of the property. Based on compromise, beit din will estimate the property value, which is def’s, as 55,000 NIS out of the 288,000 NIS; the remaining 233,000 NIS is jointly owned. Therefore, def deserves 55,000 + 233,000/2 = 171,500 NIS.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
737 - Compensation for Transfer of Business to One Partner – part II
738 - Compensation for Transfer of Business to One Partner – part IV
739 - Compensation for Transfer of Business to One Partner – part VI
Load More
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 Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 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
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 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
Lessons
fast navigation
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.
