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Beit Midrash
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Ruling: Beit din’s first decision was on pl1’s responsibility for her partners’ potential obligations. The Yerushalmi (Shvuot 5:1) posits that two people who borrow together from one lender are arevim (guarantors) for each other, and the Shulchan Aruch (Choshen Mishpat 77:1) applies this concept to a variety of joint financial endeavors, which includes joint renting. This is especially true here because pl1-4 signed a contract together (see Shach 129:2) and because they benefited from the fact they rented as a group.
There is a machloket Rishonim whether this type of arvut is of a regular arev or an arev kablan. The difference is that the former pays only if the partner lacks the money to pay, whereas an arev kablan can be made to pay even if the other partner is able to pay his part (Shulchan Aruch, CM 129:8,15). The Shulchan Aruch (CM 77:1) rules that they are regular arevim. Although pl1-4 have refused to pay def, def cannot yet demand payment or offset money from pl1 due to the others’ obligations. Therefore, beit din told def that to promote his full case, he must sue all of the rental partners. [He did this and pl1-4 all took part in the rest of the proceedings.]
Pl1-4 all initially claimed that they paid their part of the rental fee in full (beit din’s analysis of the records uncovered two of them, when withholding rent with def’s permission for overpaying municipal tax, had withheld hundreds of NIS too much). However, not all of them had documentation for all of their payments. Beit din demanded of def to list all of the payments he received, which def claimed he was not responsible to do. Even if def were to claim that he certainly was not overpaid, he still has to provide documentation because withholding documentation can be a sign that the information is against him (Rama, CM 75:1). The matter is clearer when a defendant is unsure whether he owes money. Not being sure is legitimate only when he is not able to know, not when he does not bother to find out (see Shulchan Aruch, Yoreh Deah 98:3, and Taz ad loc. 6).
We will continue with specific monetary claims next time.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
789 - P'ninat Mishpat: Realtor Fee Despite the Buyer’s Refusal?
790 - P'ninat Mishpat: Overpaying Rent by One of the Roommates – part I
791 - P'ninat Mishpat: Overpaying Rent by One of the Roommates – part II
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 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 Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 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
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.
