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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 (825)
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
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
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 I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Benefit from Unsolicited Efforts of the Plaintiff
based on appeal of ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
