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Ruling: Status of the contract : The two sides disagree factually whether def assured pl that the ssgn would sign or whether def told pl that ssgn had misgivings. The validity of the contract is actually not crucial because neither side is interested in upholding it, but are claiming damages from the other side’s alleged breaking of their understandings. In that regard, the abrogation of even an oral agreement which caused a loss of money can make the abrogator liable for losses based on the halachic concept of histamchut (reliance). Clearly, the word of rydf was sufficient for people to have a right to rely upon. In fact, both sides demonstrated in word and in deed that they saw themselves as bound by the agreement, and def even countersued pl based on it.
Validity of a witness: The director of pl during the relevant time period testified in beit din. Pl wanted to disqualify his testimony because the fact that they laid him off created animosity. We rule that while an "enemy" of a party is invalid as a dayan, he is fit to be a witness (Shulchan Aruch, Choshen Mishpat 33:1). The S’ma (33:1) explains that we do not suspect that someone will lie because of animosity, whereas the ruling of a dayan, which is based on fine logic, can be affected by prejudice. The Pitchei Teshuva (CM 33:2) cites an opinion that a major enemy is invalid as a witness, but many Acharonim disagree with that opinion. Furthermore, even if we do not count the director as a formal witness, his testimony was very well presented, and it helped fill in much information that beit din needed in a manner that seemed reliable enough to create certain presumptions.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
773 - P'ninat Mishpat: Upper Property’s Responsibility for Flooding
774 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part I
775 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part II
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 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 I
based on ruling 80033 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 P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
