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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 (829)
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
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 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 A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 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.
