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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 (829)
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
Load More
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 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: Late and Flawed Apartment
based on ruling 82174 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.
