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Beit Midrash
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- P'ninat Mishpat
Ruling: We dealt with the first two issues last time.
Built-in oven: On the one hand, there is no obvious reason that the built-in oven is different from the rest of the furniture/appliances. The fact that it is plugged into the wall when used is obviously not a good distinction, as this is the case for many other appliances, including a refrigerator, about which def did not complain when pl took. Also, the fact that it fits into a certain area in the kitchen is not a factor, as this is common for kitchen appliances, and one just orders standard sizes that fit these areas.
However, during the negotiations in beit din over the main compromise, def raised the issue of the oven and pl answered cryptically, "Yes," in a manner that seems to clearly indicate that she was admitting that the oven was to remain. Pl counters that one cannot turn one word that was said in the course of discussion into an admission. However, pl is incorrect, as admission can even be made out of silence, if it is indicative of admission in context (Shulchan Aruch, CM 138:6). It is true that if the admission is not clear, the admitter can explain his intention in a way that it is not admission. However, pl did not succeed in doing that, and just saying it is too cryptic is insufficient. To additionally strengthen the ruling, since def is now in possession of the oven, if there were doubt, the burden of proof would be on pl.
Responsibility for taken books: There are no proofs that def accepted responsibility as a watchman over pl’s books, just that they allowed the books to stay in the apartment, and acceptance is required to obligate a person as a watchman (Bava Metzia 81b; Shulchan Aruch, CM 291:2). Even if they were watchmen, since they were not paid and did not benefit, they would be shomrei chinam who are obligated only for negligence. In beit din’s eyes, there was not negligence, since def did not see what was written in the divorce settlement and were not warned not to give him any books. Furthermore, def claim that the divorcee took only his own books.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
839 - P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
840 - P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 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 Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 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.
