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Compromise and Ruling: Beit din succeeded in getting the sides to agree to a compromise on the following matters. For the time pl did not enter the building and for any damages up to this point, def will pay him 1,000 NIS. Def will follow the instructions of a newly appointed expert. The only claims pl will have will be for damages that will arise from this point on. Regarding the nature of a compromise regarding any future discovery of damage, it should be payable only if pl will be able to convince beit din that Halacha obligates def to pay for it. Regarding use of joint space, the language of the agreement should be: "Def accepts upon himself to follow Halacha and not take control of joint property improperly, without explicit permission of the other residents."
As far as the present safety of the building, beit din posits that we are to follow the opinions of the three experts, a clear majority, who attest that there is presently no problem (based on Shach, Choshen Mishpat 46:66). Even if we were to accept pl’s claim that the first expert has an interest in the matter, pl’s claim that he has heard negative rumors about the second expert cannot be accepted without any verification. That which pl claims that the main expert cannot be believed because he is trusting the contractor, is not valid, as part of an expert’s ability is to know what information he can trust and what he cannot.
Even if pl were right that the building is still damaged, it is very unclear that he could charge def for it, as def had the work done according to the professional directive of the first engineer. It is a major question whether a homeowner is required to pay for the damage his worker does. At first glance, the one who does the damage has to pay (Bava Kama 98b), although the minhag is to make the contractor, who usually has the resources to pay, do so (Chukei Hatorah, Avoda 26). Others say that the one who hired the contractor has to pay, because he is given permission to build only if he accepts such responsibility (Shut Minchat Asher I:113), but that if one can hold the person who made the mistake responsible, that is what is done.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
817 - P'ninat Mishpat: Benefit from Unsolicited Efforts of the Plaintiff
818 - P'ninat Mishpat: Damage from Renovations
819 - P'ninat Mishpat: Return of Down Payment Due to War – part I
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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 Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 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: Late and Flawed Apartment
based on ruling 82174 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
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.
