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Ruling: Withholding potential donors’ names : Indeed, def did not provide all of the lists they committed to in the contract, but we must see if that breach is grounds to nullify the whole agreement. Pl admitted in beit din that the time to use a list of potential donors had not yet come when the yeshiva closed. Thus, there was no damage, and, as witnesses corroborated, it is likely that had the partnership developed healthily, def would have shared the information. Furthermore, the Ba’er Heitev (Choshen Mishpat 176:38) seems to cite two opinions on whether when one side to a partnership violates a provision of their agreement, the agreement becomes null (Lechem Rav 119), or not but that one side should take the other to beit din to enforce the provision (Mabit I:151). The Ba’er Heitev suggests that there is no disagreement and that it depends on the specific case. Distinctions can be whether the provision is on a primary or secondary matter, or whether the breach was one-time or ongoing. Based on the above, this breach did not nullify the agreement.
Payments to school and shul : The contract states that parts of the campus belong to others, with whom pl can agree to rent or not. Pl claims that they did not know that some of these areas are used by the yeshiva on a regular basis. Def said that they informed pl. Since the simple reading of the contract is that all areas that only the yeshiva used belong to def and the contract does not specify, the burden of proof is on def to prove they clearly informed pl. Therefore, this matter is not considered a breach of contract.
Speaking against pl: A meeting between def’s administration and student representatives took place at the end of July. According to pl, rydf incited the students against pl. Pl brought a student to testify. Def’s lawyer clearly hinted to the student before he testified that he should be afraid about his testimony. The student ended up saying that pl was discussed at the meeting, but "nothing too severe was said." While we can infer that negative things were said, we do not have proof of anything that would be a breach of contract. (Def was fined for their lawyer’s immoral attempt to intimidate the young witness.)
We will complete the treatment of this din Torah next time.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
777 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part II
778 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part III
779 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part IV
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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.
