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Ruling: One question is whether to trust the testing center or the manufacturer’s service center. Beit din received permission to ask a third, neutral expert to evaluate the findings. It resembled more closely the findings of the service center.
Based on these serious findings, which were unknown to pl at the time of purchase, there are grounds for bitul mekach if pl acted on them in a timely fashion(see Shulchan Aruch, Choshen Mishpat 232:6). This is the case here, as pl contacted def right away and after failing in his attempt to fix the problems, asked to return the car and get his money back. The fact that he continued using it, which usually undoes the possibility of bitul mekach, is not impactful here because pl did so only because def did not agree to return the money. The expert testimony said that it is highly likely that def experienced similar shaking before he sold it, but mekach ta’ut applies even when the seller was unaware (Rama, CM 232:18). Since the matter is not based on fault, it also does not make a difference that a testing center was involved. If the problem was based on things they had discovered, then pl would be deemed to have been mochel on them, but in fact, the serious problems were things that were not likely to be found with a computer-based check.
The expectation that def was aware of "symptoms" about which he did not inform pl is significant in that it makes def liable for the expenses that pl spent on trying to fix the car. This is coupled with the fact that def was uncooperative in the process of adjudication, which is also grounds for his being responsible for paying the cost of beit din and a small fee for mental anguish.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
765 - P'ninat Mishpat: Unpaid Fees of a No-Show to Beit Din
766 - P'ninat Mishpat: Used Car with a Faulty Motor
767 - P'ninat Mishpat: How Far Does a Lien Go?
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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 III
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
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: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 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.
