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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 (827)
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 Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
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 P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 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
Army and War "If Haredim Should Serve in the IDF, So Should You"
IDF Service for Young Jewish Men from America
Rabbis in Midrash
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The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
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.
