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Ruling: Payment for watchmen: Pl paid for watchmen to secure the building site for 10 months, paying 114,000 NIS, and is demanding reimbursement because the agreement obligated def to pay. Def claims the right to withhold the money in lieu of the money pl allegedly owes them.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
803 - P'ninat Mishpat: End of Tenure of Development Company – part I
804 - P'ninat Mishpat: End of Tenure of Development Company – part II
805 - P'ninat Mishpat: Reducing Amount Owed Due to Interest Taken
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Responsibility for flawed work: Def complains of many flaws in the building from pl’s time of work and claims pl must pay because they are responsible for selecting and supervising the contractors and subcontractors.
Pl is indeed legally required to arrange and supervise others’ work, but this does not normally include financial responsibility. Pl can be sued for not doing a reasonable job in the selecting process (limited in many cases because def must approve the contractor(s)). Pl employed multiple building supervisors, and there is no credible claim that the supervision was not done responsibly. Furthermore, even if pl were irresponsible in supervising, the first level of responsibility is on the (sub)contractors, and after def replaced pl, they were required to register the complaints with the (sub)contractors and, if necessary, sue them. Therefore, pl need not pay for any of the flaws raised.
Windows: Def claims that pl improperly built the window frames in a manner that would fit only windows that pl imports from abroad so that they could receive extra profit as an importer and when def refused, pl did not provide an alternative of Israeli windows, which def had to find. Def demands reduction of what pl received on the project as well as 17,000 NIS for having to chisel the window frames for a new size of window.
Beit din found in the sides’ correspondences that pl informed def early enough of their recommendation to import the windows, and did not receive money for arranging the windows. Their recommendation does not make them liable, and it is not problematic to try to make extra profit if they did not withhold information. Whether there was a need for extra chiseling or that was unchanged requires expert testimony to determine, and it serves the sides’ interests to not pay for such testimony. Therefore, we employ compromise and obligate pl 10,000 NIS for this.
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 Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 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
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: Return of Down Payment Due to War – part III
based on ruling 84044 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: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 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.
