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Ruling: Was there histamchut? [We pointed out last time that the contract need not have been legally binding if def caused pl to rely upon def’s commitment to go through with the deal, and this caused loss.] If, as def claims, pl was aware that the second signatory (=ssgn) did not plan to sign, they did not have the necessary level of assurance that investment in the transfer of the yeshiva was safe. Ssgn testified in beit din that he informed pl, and def presented a letter from ssgn to pl to this effect. However, this letter was undated, and we do not know if it was ever given; rydf and def’s lawyer contradicted themselves as to whether it was delivered by hand or by email (which they have not presented). Pl’s former director testified convincingly that pl was led to believe that ssgn would sign. There is also strong circumstantial evidence of the same. Def made a large gathering to announce pl’s role and sent word to the press, which only makes sense if there was a final decision. It is also agreed that rydf is the dominant force in def’s operation and decision making. It is standard practice to assume that when such a person gives his word and certainly signs on an agreement, the decision is approved by the institution.
Was there breach of contract? Repairs/renovation: The contract states that the sides "will come to an agreement on the extent of minimum repair needed for reasonable use by the students, which def will do, as is proper for a rented property." While small repairs were done, pl claims they did not reach a reasonable standard for the yeshiva’s needs. Beit din rejects this claim. A witness testified that there were long negotiations on the extent of repairs, and the contract’s language indicates that def is not required to provide more than the minimum. Although the Rama (Choshen Mishpat 314:1) says that even if the renter came into a property and did not complain about problems that would make it objectively unlivable, the landlord must raise the situation to livable, but that does not apply here. A student testified that the conditions were livable, and if pl required more, it should have found clearer expression in the agreement.
We will continue with other alleged breaches and other matters.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
775 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part I
776 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part II
777 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part III
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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
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 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 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: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 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.
