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Ruling: Lateness – Pl presented strong proof, based on his actions soon after signing the contract, that he understood from def’s sales agents that he would receive the stores soon after signing. He also cited a reference in the contract to a large payment that must be made 30 days prior to the date of availability, no earlier than 1.3.2017. Pl claims that this shows that this was the approximate target date. Def pointed out clauses that set the date as the later between 24 months from the time of a building permit and 28 months from the signing of pl’s contract, which was much later. Pl explains that the reason for this late date is that most of the buyers bought much earlier, before the building was underway, and the clause about time from the signing of the contract does not apply to him, who bought later and was orally promised imminent availability. Pl also argues that he signed the contract without having it reviewed by a lawyer.
Ruling - We follow written contracts over oral assurances and the buyer’s intentions. This is a general halachic rule (see Eretz Hemda ruling 78005-2). Even if we were to accept that there was an oral commitment, it is possible that it was preliminary and superseded by the contract. Also, a clause in the contract states explicitly that only the written contract is binding. There is no proof from the payment schedule because it dealt with payment alone, not the obligation to make it available. Pl was also not specific regarding who had made a commitment to him, and thus even if there was a commitment, it might not have been authorized. Therefore, there is no payment for lateness.
Stopping the workers – A significant representative of def, who gave pl the keys, confirmed that he had, on a basic level, given pl, who had paid almost all of the selling price, permission to work on the stores. Therefore, pl had every right to assume that he could bring workers. Even if def had the power to stop the work, they have to compensate pl for the money he wasted relying on the initial assurance (see Rama, Choshen Mishpat 14:5). However, pl did not sufficiently document how much money had been lost based on this misinformation. Based on compromise, we obligated def to compensate pl 2,000 NIS for this.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
719 - Regulation of Land Rights in a Settlement Extension – part V
720 - Regulation of Land Rights in a Settlement Extension – part IV
721 - P'NINAT MISHPAT: REGULATION OF LAND RIGHTS IN A SETTLEMENT EXTENSION – PART III
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
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 Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 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
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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.
