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Ruling: Rent for storage area due to late placement of a wall – While all agree there was agreement to erect a wall, the sides disagree whether it was a condition for payment of rent. It is also unclear if the purpose was to give def privacy or to protect valuable items that def might want to put there. Beit din rules that def must pay rent. An oral agreement to rent an area can be made binding based on chazaka, i.e., the renter’s use of the area for his purposes (see Machaneh Ephrayim, Sechirut 1; Netivot Mishpat 192:6). This was done, making the agreement binding. For a condition to nullify the transaction if it is unmet, the condition must be mentioned explicitly at the time of the kinyan (Shulchan Aruch, Choshen Mishpat 207:4). In a case like this, where the kinyan was definite and the existence of a condition is questionable, the definite existence of a kinyan gives the one who wants to uphold it against nullification the upper hand.
Def claims that the storage area he received is flawed due to the lack of the wall. Pl claims that the rent was for the space, whereas the promise of the wall was an additional agreement that does not take away from the first one. According to the majority of dayanim, the above logic applies – the agreement is definite, the condition is unclear, and therefore def should pay in full. According to the minority opinion, since the question is not whether to uphold the agreement, but how much def should pay, after the fact, the amount should be adjusted to reflect the lower value of the area as a storage room without a wall (for many months).
Payment for eventual building of a wall – Def had promised to pay 4,000 NIS for the building of the above wall but refuses to pay it, because it was built at such a great delay that it is irrelevant and because it was not built in a hermetic enough manner. Beit din rejects both claims. There was no time set for the building of the wall, and, in fact, def was originally supposed to be in charge of arranging it. When it was built, def was still using pl’s property, and def did not set a deadline for pl, after which point, he would not pay for it. There is no indication that def had raised a specific description of the wall, and a retroactive complaint that came up first only in the summation of claims before beit din’s writing the ruling is not to be accepted in such a matter.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
759 - Conditions of the Leasing of a Community Supermarket
760 - Mutual Repairs Agreement – part I
761 - Mutual Repairs Agreement – part II
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 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 Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 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: To Whom Do the Payments Go? – part I
based on ruling 81075 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.
