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Beit Midrash
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- P'ninat Mishpat
Ruling: [Last time we discussed how much rental proceeds def must give to pl.]
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
743 - Repercussions of a Sale that Turned Out Not Happening – part I
744 - Repercussions of a Sale That Turned Out Not Happening – part II
745 - Repercussions of a Sale that Turned Out Not Happening – part III
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The question emerges from the following point. Pictures from various occasions indicate that some damage took place from the time that def vacated the unit until pl took charge, as the uprooted front door enabled trespassing; a trespasser apparently damaged the unit. The Yad Ramah (Bava Batra 2b) obligates someone who, due to negligence in his own property, enabled thieves to steal from his neighbor’s property. The Rama (Choshen Mishpat 155:44) cites those who agree and disagree (Rosh) with the Ramah’s opinion, without deciding between them, and Acharonim disagree which to accept. However, even according to the Rosh, there is at least a moral obligation to pay, and our arbitration agreement authorizes beit din to levy payments according to its judgment even for moral obligations. Beit din obligates def in two thirds of its estimation of the damages even though it might have been done by others due to def’s actions to pl’s property.
Regarding improvements that def made, the rule is that if one makes improvements in another’s property without permission, and the owner would have had the improvements done at some point, the owner must pay their fair value (Shulchan Aruch, CM 375:1). A witness said that before the improvements, the unit was uninhabitable. The same is true when the improver did it after what appeared to be his purchase, but the purchase was nullified (ibid. 232:14). Def did not prove that he improved the unit by 67,000 NIS, but since he is obligated 56,550 NIS, he is believed enough to not pay that money.
We will finish off the final elements next time.
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 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: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 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.
