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Ruling: We reject def’s claim that he did not understand the agreement (see Shulchan Aruch, Choshen Mishpat 61:13). We do not believe such claims. Also, commerce can work only when people are held to contracts (see Beit Yosef, Even Ha’ezer 66). Also, since the one who signed relied on those who asked to sign, it is considered as accepting whatever is written there (see S’ma 61:23). Finally, communications between the sides indicate that def admitted knowing in what he was obligating himself.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
722 - How to Take Payment from A Guarantor – part I
723 - How to Take Payment from a Guarantor – part II
724 - Was New Principal Properly Compensated? – part II
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The main question is about the time frame of payment. On the one hand, def is in his last year of professional studies, and his wife recently started working. There is a process for extracting payment from those with limited resources called mesadrin l’ba’al chov (see Shulchan Aruch, CM 97:23). One who owes money is allowed to hold on to a bare minimum of his own property (it might be even stricter for an arev – ibid. 29), and these halachot are generally stricter on the obligated than the practices of Hotza’a Lapoal.
On the other hand, if the obligated does not have property to seize, we do not force him to work in order to have from what to take or incarcerate him until he makes payment available (ibid. 15). Beit din, though, which has limited capabilities in determining the debtor’s capabilities, can recommend that the creditor use Hotza’a Lapoal to make such determinations.
Pl presented a recording of a phone conversation between pl and def before the loan. Pl was concerned that def was not a viable arev, and def tried to placate him with the assurance that if need be, he could take a 120,000 NIS loan. Was that assurance binding? Kovetz Hayashar V’hatov (XVII, p. 123) claims that nowadays, it is common for people who owe money to borrow large sums from gemachim, and if a borrower did not expect to have money to pay back when due, we treat it as a binding promise to borrow from another gemach to pay. In this case, def actually did promise to borrow money. A promise to borrow is equivalent to a promise to work.
We will continue from this point next time
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
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 Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 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
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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.
