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Ruling: Pl demands that def return 10,000 NIS that a municipality mistakenly gave him for a Purim program she ran as the sides were parting, for which she billed the municipality and paid taxes, after she did the program without the help she asked for from def. Def explained why he was unable to provide the help and claimed that, in any case, based on the timing, the money belongs to him. Ruling: Based on beit din’s arrangements for transfer of the business, all monies received for services rendered before May 1 belong to def. It does not make a difference if def helped or did not. If pl (improperly) sent the municipality an invoice which resulted in her paying taxes, she caused herself the problem and does not receive compensation.
Pl demands half of the income from special events, which netted 189,000 NIS, based on an oral agreement due to the fact that pl was not being paid profits. Def denies such an agreement. Ruling: A few factors weaken pl’s claim. There is no circumstantial evidence of such an agreement or of an early claim of that money. Pl raised the claim in beit din at a late point in the adjudication. The sides’ written agreement lists such events as a basic obligation of pl, not a special, additional one. We also reasoned that pl might have made up for doing less therapy than expected by doing more of other things, such as special projects. Therefore, without substantiation, pl will not get anything from this claim.
Pl’s husband provided many services for the center and allowed it to use his property and has not gotten paid; the value of these is scores of thousands of NIS. Def’s only response was that the claim was made too late. Ruling: The Rama (Choshen Mishpat 264:4) rules that when one does a service for his fellow without being asked, we normally assume that he is to be paid, not that he was doing it for free. The Chatam Sofer (Shut V:119) says that delay in requesting pay is not an indication of waiving his rights. However, pl, in her summary of claims, explained that since the work had been done under false pretenses (regarding the chances of pl receiving profit), she can ask for money now. This means that she admits mechila previously, and she did not sufficiently prove the false pretenses. Additionally, the recipient of the award would be pl’s husband, but he is not a litigant in our proceedings. Therefore, there is no award of payment.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
741 - Compensation for Transfer of Business to One Partner – part VI
742 - Compensation for Transfer of Business to One Partner – part VII
743 - Problems Arising from the Sale of Stores in New Project – part III
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Beit Din Eretz Hemda - Gazit
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 Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
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 P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 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.
