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Ruling: Impact of def’s non-payment – Def claims that pl was disqualified from his rights to an apartment at a discount because he did not pay the first installments. Beit din disagrees, as once the project got bogged down, one cannot expect a potential investor to invest money that can easily be lost. This is among the things that can be assumed simply without a formal condition (see Tosafot. Kiddushin 49b). Therefore, pl’s option is still in place, and pl must pay the first installments only when the project looks to be progressing.
Linkage of the apartment’s price to a building index: The agreement says that pl will pay 1.7 mil. NIS for the apartment, which par. 5 links to the building index. However, the clause also states that pl is exempt from linkage if there is a significant delay attributable to def. The agreement between pl and def1 states that def1 is responsible to pay for all of the taxes and fees relating to the building. Since the project was stalled because def’s members argued over apportioning taxes payment between them, def is to blame for the delay. Therefore, pl is exempt from linkage increases during the time of the delay.
Payment to pl for work done: Pl claims that since the value of the discount on buying one of the project’s apartments was approximately 2.5 mil. NIS, he should get that sum as a fee even before the project is completed. Def claim that pl only did a small part of what a project manager does, and that he did not do it well. Although beit din did not accept the fee contracts, pl claimed they are valid. Since according to these agreements, pl is to get much less than the amount he is asking for now, his claim is illogical considering the project has not progressed. As a ruling based on compromise, pl is to receive 2% of all that def will receive from buyers for the project.
Personal responsibility of the members of def: The three partners of def do not want to accept personal responsibility for any payment to pl, claiming that any payment can come only from the project’s finances. However, they are not yet a corporation (without personal liability). They tried to receive such status, but in the meantime were rejected because of flaws in their reporting and complaints of creditors. In this case, since def1 initially obligated herself as an individual and def accepted all of def1’s related responsibilities, it is unreasonable to deny personal responsibility.
P'ninat Mishpat (825)
Beit Din Eretz Hemda - Gazit
807 - P'ninat Mishpat: Multiple Agreements and Parties – part III
808 - P'ninat Mishpat: Multiple Agreements and Parties – part IV
809 - P'ninat Mishpat: Sharing in Plumbing Expenses – part I
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 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 Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
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: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
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.
