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Ruling: Rental rate : When questions arise about how to understand a contract, the one who needs the document to extract money has to prove his contention (Shulchan Aruch, Choshen Mishpat 42:5). That is said in the case of doubt, all the more so here where the contract is clear that it is 5,000 NIS, and def is claiming there is an oral stipulation which essentially contradicts that which is written. That requires a strong indication to be believed (Nachal Yitzchak, CM 61:16). Furthermore, the amounts given would not even work out exactly if they were to correspond to the expenditure of the air conditioners.
Reimbursement for the air conditioners : Since we have determined that the rental rate was unrelated to reimbursement for the air conditioners, there is no argument that there was supposed to be reimbursement, and that no other form was used, pl must pay def 11,900 NIS.
Lashon hara : According to the basic Halacha, embarrassment from words is not payable, but beit din has authority to obligate exceptional payment when they see fit (Shulchan Aruch, CM 420:38). In this case, the majority of dayanim did not consider it appropriate to obligate payment for a few related reasons: Pl did not premeditate to insult or discredit def, but pl reacted (albeit, poorly) to a tense situation of mutual recriminations. The Shulchan Aruch and Rama (ibid. 39) say that intention is significant in these matters. Also, there are indications that def may have pushed pl, in which case we can apply the Rama’s (CM 421:13) ruling: "One who hits his counterpart, and the counterpart called him a mamzer, he is exempt …" The majority did not want to apply the Israeli "Law of Lashon Hara" because while negative things were said to others (in this case, def’s children), the things that were said were not intended for that "audience," who just happened to be there.
P'ninat Mishpat (830)
Beit Din Eretz Hemda - Gazit
783 - P'ninat Mishpat: Rental of an Apartment that Was Not Quite Ready – part I
784 - P'ninat Mishpat: Rental of an Apartment that Was Not Quite Ready – part II
785 - P'ninat Mishpat: Rent of an Apartment Without a Protected Room
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Beit Din Eretz Hemda - Gazit
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 Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 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 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: To Whom Do the Payments Go? – part I
based on ruling 81075 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
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
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Rabbis in Midrash
Lessons
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P'ninat Mishpat 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: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
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.
