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Ruling: Beit din does not have resources to make a determination on def’s claim that he lacks the ability to pay, and pl may turn to Hotza’a Lapo’al (the arm of the government that enforces the payment of debt), which has access to information on earnings and assets.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
805 - P'ninat Mishpat: End of Tenure of Development Company – part II
806 - P'ninat Mishpat: Reducing Amount Owed Due to Interest Taken
807 - P'ninat Mishpat: Dividing Returns on Partially Cancelled Trip – part I
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Beit din certainly will not require the payment of further ribbit. The question is what to do about the 72,500 NIS that was already taken as ribbit. The gemara (Bava Metzia 61b) cites a machloket among Amoraim whether interest that is set from the time of the loan (ribbit ketzutza), which is forbidden as a Torah-level violation, is to be returned. The halacha is that the beit din enforces its return to the borrower (Shulchan Aruch, Yoreh Deah 161:5).
The Taz (ad loc. 3) infers from the language of Rashi that beit din takes action to return the ribbit only if the borrower requests this. The Beit Meir (ad loc.) agrees and explains that the borrower’s silence is understood as mechila (relinquishing of rights) of the return (although he also cites opinions that mechila does not work regarding ribbit). Shut Sh’eilat Yaavetz (I:147) agrees with the Taz and says that once mechila has been assumed, the borrower can no longer demand the money. The Knesset Hagedola (to Tur 161:19) disagrees with the Taz and learns Rashi differently, and the K’tzot Hachoshen (Choshen Mishpat 9:1) agrees that the borrower deserves the ribbit back even without a request.
The majority of beit din’s dayanim rule like the Knesset Hagedola and therefore, without def’s request, reduced the amount due to 162,500 NIS. The dissenting opinion relied not only on the Taz and those who agree with him, but also on the halacha that a dayan must not rule on behalf of a litigant more than he asked for (Rama, CM 17:12). Although this does not apply when the litigant did not know his halachic rights, in this case, def learned that the interest paid was forbidden and still did not feel it was his place to ask for it back. The minority opinion agrees that pl has a moral obligation to return (/deduct) the ribbit received.
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
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 Payments after a Gradual End of Employment
(Based on ruling 82024 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
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 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: Agricultural Water Rights – part I
based on ruling 84122 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
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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.
