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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 (835)
Beit Din Eretz Hemda - Gazit
766 - P'ninat Mishpat: Upper Property’s Responsibility for Flooding
767 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part I
768 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part II
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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 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 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 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 Complaints about Contractor’s Work – part II
(based on ruling 83037.1 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
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
