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Ruling: The dayanim disagreed on the ruling.
Dayan 1: It appears and is not disproven that def told enough about the specific car. Pl knew that he had to be careful about oil, which is a clear sign of a car at risk. The article that def but not pl had seen discouraged buying this type of car, due to high risk of great expense, but def did not necessarily know the extent of his car’s problem. It is true that mekach ta’ut (null sale due to unknown problems) applies even if the seller also did not know the problem (Shulchan Aruch, Choshen Mishpat 232:11). The gemara (Ketubot 75b) posits that if the buyer could readily have found out about the blemish, he is not able to nullify the sale, and the Maggid Mishneh (Mechira 15:3) rules this way. The Shvut Yaakov (III:169) claims that although one can back out of a mekach ta’ut even if time goes by after discovering the problem, if he could have known about the problem before the sale, he cannot nullify the sale. The Aruch Hashulchan (CM 232:5) disagrees in practice because the buyer does not have to suspect the seller of tricking him. However, in this case, pl had further impetus to look into problems with this car because def had told him about the oil consumption and a check of the meaning of this problem would not have been difficult or expensive. Therefore, pl cannot extract money from def. While def could have given a more pessimistic picture, which is likely more accurate, he is not required to be generous with information.
Dayan 2 – Since the head mechanic had clearly given def a very pessimistic picture, and def chose to share with pl only the optimistic statement-in-passing of a junior mechanic, def misinformed pl. Therefore, def must return the sales price minus 2,000 NIS which reflects the use pl got from the car until the severe problems arose.
Dayan 3 – Def did not act properly, but based on dayan 1’s reasoning, pl still cannot claim mekach ta’ut. Under those circumstances, I would have preferred to make a compromise, but since my colleagues thought it is right in this case to rule based on straight Halacha, I agree with dayan 1 not to nullify the sale.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
787 - P'ninat Mishpat: Rent of an Apartment Without a Protected Room
788 - P'ninat Mishpat: A Used Car with a Tendency for Engine Problems
789 - P'ninat Mishpat: Can the Tenant Take Off for Theft?
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
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
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
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 P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 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: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 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.
