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Appeal and Appeal Ruling: Partial Breach of Contract: Appeal claim: Beit din ruled that def breached the contract by making new obligations in regard to fees for renting the building, yet beit din did not obligate def to pay, deciding that they did not breach the contract. That is a contradiction!
Appeal ruling: Had pl decided to continue with the transfer and def had continued to make demands not set out from the outset, pl would have had a good claim, and beit din would have to decide between enforcing the original agreement and nulling the agreement. However, pl decided to close before the rental period even began, and it is clear from many indications (ed. note – beyond our space limitations) that it was not out of fear of the rental conditions but for fundamental reasons unrelated to any breach of agreement on def’s side. In a relationship between parties to a broad agreement, the existence of an isolated or an attempted breach or breach of contract is not grounds to undo the whole agreement. In this case, a demand of money not yet due, when there was still time to work out the issue, is not a fatal breach of contract, requiring penalizing the potential breacher. Therefore, beit din was correct.
Granting a Problematic Witness Outsized Prominence: Appeal claim: In an important matter, beit din relied exclusively on the testimony of pl’s fired director, even though he was only one witness and had enmity toward pl.
Appeal ruling: The original beit din ruled like the Shulchan Aruch (Choshen Mishpat 33:1) that an "enemy" of the litigant is valid to testify. Beit din also analyzed the testimony’s content and found it credible. The Rambam (Sanhedrin 24:1) empowers a dayan to rule based on what he becomes convinced of even if it does conform to the rules of witnesses. Admittedly, he discouraged using this practically because it is rare that a beit din can presume that ability. While is limitation is accepted, the Rama (Shut 33), the Tumim (90:14), and the Pitchei Teshuva (CM 15:9) allow for limited use of the concept. Consider also that beit din did not rely on the testimony alone. Beit din has the right to decide how much weight to give the witness as a person and based on content. This is especially so in a case like this, where it was done to deflect an attempt to extract money from a defendant.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
825 - P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
826 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
827 - P'ninat Mishpat: How Many Dayanim?
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Beit Din Eretz Hemda - Gazit
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 Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
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
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: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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)
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: 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)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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
