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Beit Midrash
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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 (831)
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 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 – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Rabbis in Midrash
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P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
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.
