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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 (824)
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
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 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 A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 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
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 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
Rabbis in Midrash
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Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
Kuzari -Rabbi Ari Shvat Kuzari class 2
The King of the Kazars, in his search for truth, starts by inviting the philosopher. This is a "crash-course" on Aristotelian philosophy and the reasons why the king is not convinced. Through this dialogue, R. Yehuda HaLevi already foreshadows some of his central ideas that will appear later.
Shavuot "Love of Torah = Love of Israel"- for Shavuot
People often identify Judaism as just a religion, but upon examination, we see, even halachically and explicitly in the siddur, that the Torah is dependent upon Am Yisrael, Jewish nationalism.
Ein Aya The Middle-Child & Anti-Tzni'ut Syndrome- Negative Attention
Although tzni'ut is for men just like women, Rav Kook deals here with the sources in Yishayahu and the Talmud which deals with the special problem of lack of tzni'ut in women's dress and actions, where it's not just a problem of midot and character traits, but also can include practical, social and national ramifications, as well, which caused the destruction of the Beit HaMikdash and exile from Israel. The class continues the previous one (Ayn Aya Shabbat vi, 29), and is a must for all educators and parents of high-school aged and young adults.
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
