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Beit Midrash
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Ruling: 1. From pl’s comments during the hearing, it is clear that at the time he did the repairs, he had no plans of charging def, commenting that pl and def were so close that just as one would not charge his son, pl would not charge def. When one does a service for another with the intention of it being for free, it is like giving a present, and one cannot charge later (Netivot Hamishpat 12:5). His claim that he changed his mind now that they had a fight is exactly what we are concerned about when someone makes a late claim for payment (Terumat Hadeshen 317). Therefore, there is no payment even if pl did not promise and even if the damage was not his responsibility.
2. When one has an open-ended rental agreement, either side can end it with 30-days’ notice (Shulchan Aruch, Choshen Mishpat 312:7). However, in this case, throughout the seventeen years of rental, all the written contracts and oral agreements covered a year. If def had claimed that this past agreement was for shorter or left open, there would be what to investigate. However, def’s excuse was that he received permission to leave when he did, not that there was never an understanding of a year’s rental (which he did not prove). Therefore, def is bound to fulfill the oral or assumed rental agreement until the time it ceased, naturally or by agreement (ibid. 1). This applies both to the rent and the other expenses.
3. A renter who supplies appliances for the rental apartment is permitted to remove them before leaving. There seems to be agreement that various fluorescent lights that were in the property when def entered, broke during the seventeen years of occupancy. Since the contract states that pl cannot charge def for that which broke during normal usage, def does not have to pay for the no-longer-present fluorescent lights.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
753 - Various Issues Regarding a Printing Press – part I
754 - Various Issues Regarding a Printing Press – part II
755 - Problems Arising from the Sale of Stores in New Project – part I
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part I
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 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.
