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Ruling: We end off with pl’s claim of unneeded expenses and def’s claim of statute of limitation.
Expenses: The source to obligate one who causes another to lay out expenses that turn out to be unnecessary is the following Rama (Choshen Mishpat 14:5, based on the Maharam Me’rutenberg). If one told his co-litigant to travel to a court for litigation and the former did not appear, he has to pay the latter’s expenses. The Maharam explains that the one who breaks his promise to come implies agreement to cover the consequences. If so, arguably, if he did not imply self-obligation, he would be exempt. However, the Netivot Hamishpat (200:13) reasons that the obligation is based on the rules of semi-direct damages. The Shut Harama (12) posits therefore that if the person who caused the damage was not at fault, he is not obligated.
In our case, while def did not premeditatedly renege on the deal, he cannot claim that it was beyond his control. Therefore, he is obligated to pay for the cost of the lawyer and the realtor. Regarding the sales tax, pl submitted proof that he paid the tax and claims that the authorities refused to return it despite the fact that the sale was nullified. Our understanding of the law is that the authorities must return the tax payment, and pl can appeal. Therefore, we will not obligate def for tax that was paid unless an appeal’s court rejects pl’s request of reimbursement.
Statute of limitations: This concept is against the halacha (see Ketubot 104a). It developed over the centuries out of interests that, according to the poskim, do not fit into the authority of dina d’malchuta, nor do the courts treat it as a regular right (e.g., the relevant litigant must claim it at the first opportunity). Only when a longstanding lack of claim is a likely sign of a falsely contrived claim should beit din prevent its advancement (Shulchan Aruch, CM 98:2).
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
745 - Repercussions of a Sale That Turned Out Not Happening – part II
746 - Repercussions of a Sale that Turned Out Not Happening – part III
747 - Profits from Formerly Joint Swimming Pool.
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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
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
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 P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 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
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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.
