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Abridgement of First Court Ruling: Testimony indicated that while the yeshiva’s survival was questionable, pl made improvements that increased its viability, which may warrant def’s compensation. However, since def had spent a lot to keep the yeshiva operating, they were unwilling for further investment. This makes it like the Talmudic case of a field not made for planting (Shulchan Aruch, Choshen Mishpat 375:1), where clear benefit from the actions appears lacking. Additionally, the Rashba (Shut VI, 111) states that if the recipient explicitly refuses to pay for claimed benefits (as written in the agreement), he is exempt. While some say there is still payment when there is clear benefit, this is not the case here.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
815 - P'ninat Mishpat: A Used Car with a Tendency Toward Engine Problems
816 - P'ninat Mishpat: Benefit from Unsolicited Efforts of the Plaintiff
817 - P'ninat Mishpat: Damage from Renovations
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Claims of Litigants on this Point: Pl argues that the yeshiva could not have survived without the improvements, and that they paid to make a "camp" for the students during vacation because this was something the yeshiva owed to the students.
Appeal Ruling: The agreement prescribes pl’s work as beginning after summer break so that nothing pl did is governed by agreement, but by providing benefit. The Rashba (ibid.) rules that if one tells one who is about to do something on his behalf that he is not interested in the benefit he plans to do, he is exempt from paying for it, and it is clear from the Rif and other Rishonim that one cannot force benefit and compensation for it on someone. In this case, pl admitted that def told him not to make expenditures, and they also did not end up helping.
Regarding the expenditures for the "camp," even if def was obligated to make them, the rule is that when Reuven pays Shimon for the loan that Levi took from him, Levi is not required to pay Reuven (see Shulchan Aruch, Choshen Mishpat 128:1; see Shach ad loc. 5).
Although pl claims that he outlaid the money because def gave him reason to rely on him (histamchut) that there would be a yeshiva, the original ruling correctly explained why histamchut does not apply in this case.
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
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
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 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.
