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Ruling: The Maggid Mishneh (Mechira 15:3) says that if a buyer could have checked and uncovered the blemish in the purchase item and did not do so, he no longer can nullify the sale because of it. Many agree and many disagree with this opinion (see S’ma 232:10; Shut Maharashdam 385). Also, some limit the Maggid Mishneh to cases where the check can be done easily and without charge. Others say that it does not apply when the seller explicitly assured the buyer that the flaw did not exist. Both of these limitations enable pl to claim an erroneous agreement.
On the other hand, the contract says that pl checked all of the pertinent information and found everything to their liking. Although pl claim that since they signed a standard agreement, dictated by def, they should not be bound by it. It is a complicated matter whether we could accept such a claim against what pl signed. But in this case, it is not necessary because the admission of checking everything is stated to apply to everything except what is found in the contract. Since def1’s ownership of the property is a provision of the contract, def1 indeed misled pl, and pl did not admit that they were aware.
In order for pl to collect from def2, owner of def1, there are two hurdles to overcome: 1. the idea that obligations of a corporate entity are paid only from the assets of the entity, not of its owners; 2. the fact that def2 did not agree to sign the arbitration agreement. Regarding #1, the halachic justification for the "corporate veil" is the agreement of the person doing business with it. However, here where the agreement was nullified based on fraud, the corporate veil should not apply. There are reasons according to Israeli law to lift the veil in this case (ed. note – beyond our scope).
Regarding #2, def2 can be obligated as well. Since he is the sole owner of def1 and he was interested in pursuing litigation in this beit din and took part in all of its proceedings, it is incorrect to say that he is not part bound by the litigation. Therefore, if def1 will not have the funds to pay pl, def2 will be liable to pay.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
835 - P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
836 - P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
837 - P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
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Beit Din Eretz Hemda - Gazit
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 A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 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: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
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.
