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Beit Midrash
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Ruling: [Last time, we saw the minority opinion. It gives preference to the written contract, which assigns payments to pl, strengthening his claim to the collected funds. However, it rejects the obligation of the original buyers to pay 24,000 NIS, accepting testimony that the clause was only formal documentation to preserve the tender. It also treats the receipts between the parties as binding, obligating pl to complete the promised 400,000 NIS payment, while still granting him 25% of funds def collected.]
The majority opinion differs in two major ways. First, it finds many indications, including the communications of someone with strong connections to both sides, that pl used its role as the lawyer who crafted the agreements, to write a contract that took nearly all the money for itself without sufficient justification or consent. Pl’s dishonesty continued with promising funds to extract valuable receipts from def (which obtain for pl unwarranted tax relief and obligate def taxes for non-existent profit).
While it is impossible for beit din to know how much def deserves, it is clear that when they agreed on how much def should receive, this includes pl not extracting 25% from what def received. This is strongly bolstered by the fact that if there was a decision for pl to pay def 540,000 NIS plus VAT, this should be assumed to be after deducting what def owed pl. Otherwise, one would have the illogical situation of moneys going from A to B only to be returned promptly to A (see Ketubot 110a), which is even less logical here because extra tax would have to be paid for the double payment.
P'ninat Mishpat (826)
Beit Din Eretz Hemda - Gazit
839 - P'ninat Mishpat: To Whom Do the Payments Go? – part I
840 - P'NINAT MISHPAT: TO WHOM DO THE PAYMENTS GO? – PART II
841 - P'NINAT MISHPAT: A MESS OF LOANS, REPAYMENTS AND GRIEVANCES – PART I
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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 Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 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: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Benefit from Unsolicited Efforts of the Plaintiff
based on appeal of ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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.
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.
