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Ruling: The first topic to decide is whether pl’s witness, a building inspector, is a valid witness, considering that he had worked for pl at the time. Although he no longer works for pl, def is concerned he might plan to work for him in the future. The Ri Migash (Shut 162) rules that a worker is considered like a friend or an enemy of the employer, which does not disqualify him from testifying (he may not be a dayan). However, the Radbaz (Shut I:312) warns that the dayan should investigate whether the worker might benefit from testifying for his employer’s gain (see Rambam, Eidut 16:4). In this case, the witness no longer works for pl and denies having positive or negative feelings about him. Beit din was impressed by his testimony’s candor and therefore accepted his testimony.
On the other hand, he is only one witness, who says that def stated he expected to pay by the hour and that pl agreed. The rule is that one witness is impactful only in regard to court-administered oaths. When a witness testifies that a debt that is found in a contract was already paid, the one who wants to extract money needs to swear, based on a Rabbinical law, that he has not received that payment (Ketubot 87a). While the witness claimed that the extra work fit the description of that which should be paid on an hourly basis per the contract, beit din’s expert disagreed, saying that it was equivalent to a new set of plans, for which the contract calls for 18,000 NIS (although the amount of work was less than for the first round).
Thus, the claim the witness supports is that pl waived his rights to full payment (mechila). Not every claim of a witness requires an oath to counter, as the Rambam says (see Shulchan Aruch, Choshen Mishpat 84:5) that if he testifies that a debt was paid early, the holder of the debt contract receives payment without an oath. The Ktzot Hachoshen (84:4) explains that since the oath for one who is collecting with a contract is an exceptional rabbinic rule, it was not instituted regarding all claims. The claim of mechila is weaker than that of payment, and there is a machloket (in a similar case) whether it can trigger an oath (see two opinions in Shulchan Aruch, CM 82:10), and the stronger opinion is that it does not. The Nachal Yitzchak applies it to a case like ours, although the Sha’ar Mishpat (84:7) disagrees. Our case of mechila is also better than usual because it is mechila which if done, occurred before the obligation began.
We will present application of the above halachic basis in the next installment.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
791 - P'ninat Mishpat: Can the Tenant Take Off for Theft?
792 - P'ninat Mishpat:Amounts and Conditions of Payment to an Architect – part I
793 - P'ninat Mishpat: Amounts and Conditions of Payment to an Architect – part II
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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 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
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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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.
