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Compromise and Aftermath: Although beit din reasons that pl could nullify the sale and adjust the amount to be returned, the sides made a compromise in which pl would return the car, and beit din worked with them on figuring out how much def would pay, by working on price lists. As this was happening, pl continued to use the car (no instructions had been given on that point), and the engine was ruined from cumulative overuse. Def is no longer willing to take the car back at any price.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
811 - P'ninat Mishpat: Dividing Returns on Partially Cancelled Trip – part II
812 - P'ninat Mishpat: Using Car that Was Supposed to be Returned
813 - P'ninat Mishpat: A Used Car with a Tendency Toward Engine Problems
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Ruling: Majority opinion: Since the car was to be returned, pl had no right to continue using it. Although continued use of a sales item after a blemish is discovered usually precludes nullifying the sale due to mechila (Rambam, Mechira 15:3), that does not apply here after pl went to the trouble of suing to return it (see Shulchan Aruch, Choshen Mishpat 232:4).
Although one who borrows something without permission is like a thief, who has to pay for the stolen object if he is unable to return it intact, for whatever reason, there is a machloket whether that is the case when he did not realize he did not have permission to do so (as believed to be the case here). Even so, a borrower has to pay for all damages to the object even if it was not at all his fault unless the object "died as of a result of proper use" (meita machamat melacha = mmm). Although our case is mmm, the exemption does not apply here based on mmm’s logic. One explanation of mmm is that it is considered that the borrower was deceived by receiving an object that cannot safely do what it was borrowed for (Ramban). Another is that the lender relinquishes rights to payment when the borrower uses it (Rambam). Neither of those explanations applies to pl who did not even have permission to use it, and therefore he has the full obligation of a borrower for any damage. Therefore, the true value of the car at the time it was improperly borrowed should be reduced from the amount def was supposed to pay pl.
The minority opinion views pl as borrowing with permission, considering that he had bought the car and used it, and def did not ask him to stop. Therefore, he is exempt either due to mmm or because until it is returned, he is still considered the owner of the car.
Beit Din Eretz Hemda - Gazit
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 Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
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: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part I
based on ruling 84044 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.
