YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
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 (829)
Beit Din Eretz Hemda - Gazit
814 - Regulation of Land Rights in a Settlement Extension – part V
815 - Regulation of Land Rights in a Settlement Extension – part IV
816 - P'NINAT MISHPAT: REGULATION OF LAND RIGHTS IN A SETTLEMENT EXTENSION – PART III
Load More
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 Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 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 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: Undoing a Problematic Partnership – part I
based on ruling 84061 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
Lessons
fast navigation
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.
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.
