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Ruling: Relevance of par. 6.7 – Def claimed that the clause that allows pl to extract his investment applies only to the original situation, a new business owned by pl and def, whereas in this case, pl only bought out bil’s part in an existing business. Additionally, since pl gave his money to bil, pl should approach bil with claims.
Beit din rejects def’s claims. According to the arrangement between pl and def, the payment to bil was the formation of the partnership between pl and def. On top of the original agreement, where it talks about payment to create the partnership, the payment to bil is written as the partnership’s activator. Therefore, in the second iteration of the partnership, the money paid to bil is what pl recovers when par. 6.7 applies.
Def’s right to activate par. 6.8 – Def’s claim that pl lost his rights in the business because of professional failures and because pl used, for personal purposes, some of the money that arb allowed him to hold, is to be rejected. First, arb already ruled that pl worked sufficiently well in terms of par. 6.8, and while beit din is authorized to rule otherwise, there are not grounds to do so. Regarding pl’s use of the funds, examining the banking records, the one usage that was unauthorized was cancelled the next day; therefore, nothing was mishandled. In any case, par. 6.8 is apparently unenforceable because it draconically would have pl surrender his entire investment of 365,000 NIS due to minor inefficiency or misuse. This type of clause is an unenforceable asmachta. It differs from par. 6.7, which does not penalize def but just allows pl to undo the partnership and recover his payments.
P'ninat Mishpat (825)
Beit Din Eretz Hemda - Gazit
829 - P'ninat Mishpat: How Many Dayanim?
830 - P'ninat Mishpat: Undoing a Problematic Partnership – part I
831 - P'ninat Mishpat: Undoing a Problematic Partnership – part II
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 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: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 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.