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Ruling: What caused pl to close the yeshiva : Based on documents and testimonies, it is clear that the main reason for pl’s decision was not primarily the alleged breaches of contract but the educational difficulties. If not for the educational problems, in regard to which there are not strong claims, pl would apparently have continued and dealt separately with the financial disagreements. Since, in order to obligate payment based on reliance on another’s assurance, it is necessary to connect between the actions of the one to be obligated and the damage, we cannot obligate on these grounds
Payments to pl for improving the yeshiva : Testimony indicated that while the yeshiva’s survival was questionable, pl made improvements that made it more viable, and perhaps def should pay for those improvements. However, it is clear that rydf had lost so much money in trying to keep the yeshiva operating, that he was not willing to invest more, even if pl made improvements. This makes it like the Talmudic case of a field not made for planting (see Shulchan Aruch, Choshen Mishpat 375:1). There would then have to be clear benefit from the actions, which appears lacking. Additionally, the Rashba (Shut VI, 111) says that if the recipient of benefit says explicitly that he will not pay for what someone claims to do on his behalf (as def wrote in the agreement), he is exempt from paying for benefit. The Pitchei Teshuva (CM 264:3) does cite the Pri Tevua as saying that when there is clear benefit, warning that one will not pay does not exempt. However, the Pitchei Choshen (Sechirut 8:(64)) says that the Pri Tevua may be talking about a case where he wants the benefit and just does not want to pay or when he requested that the matter be done for free and did not categorically refuse to pay. Therefore, def does not have to pay pl for his efforts on behalf of the yeshiva.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
779 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part III
780 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part IV
781 - P'ninat Mishpat: Rental of an Apartment that Was Not Quite Ready – part I
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 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
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
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: 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: Agricultural Water Rights – part I
based on ruling 84122 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)
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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.
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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.
