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Ruling: While the main clause on the liens of pl2 and pl3 do not mention the interest, the clause on the timing of exercising the lien refers to "the loan and/or the interest." Therefore, pls all have rights to the lien for their interest.
The question is whether they have rights to interest at all when there were no profits. According to the terms of the heter iska, while half of the funds given were a loan and half were an investment, in theory it would not even be necessary to pay all of the principal when the investment lost money. However, according to the terms of the heter iska, two witnesses must testify that money was lost. Regarding the denial of profits, the "borrower" needs to take a formal oath (which, as a rule, is not administered in our times). While the court-appointed trustee confirmed that there was loss on all of the properties that def bought in the relevant time period, it is unclear if the trustee’s findings are equivalent to witnesses of fact, because it is possible to deceive a trustee.
More importantly, many heter iskas, including the one used here, relate the money lent to any profitable interest of the borrower at the time. Therefore, even if the main investment for which the people had in mind was not profitable, we must consider the possibility that there were gains in other of def’s holdings. Therefore, the d’mei hitpashrut (amount set to approximate the profits made) are still a valid standard assumption in the face of inability to fully determine how much is due. Furthermore, there are opinions that debts can be updated according to the inflation rate, even without a heter iska. Based on compromise, beit din gave pls rights to 35% of the inflation rate from the time the debt was due. This comes to, cumulatively, 103,016 NIS (most but not all of the money in escrow).
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
767 - P'ninat Mishpat: Used Car with a Faulty Motor
768 - P'ninat Mishpat: How Far Does a Lien Go?
769 - P'ninat Mishpat: Did the Real Estate Agent Remain Relevant?
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Beit Din Eretz Hemda - Gazit
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 Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
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: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 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.
