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Beit Midrash
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The gemara (ibid.) discusses what is broad enough to qualify as a makkat medina? Rav Yehuda says that rubba d’ba’agi (the majority of the valley region) has to be blighted. Ulla says that it suffices for the fields around the one in question to be affected. Rav Yehuda’s opinion was accepted as halacha (Shulchan Aruch, CM 322:2). The Rishonim argued how to define rubba d’ba’agi. Rashi holds that it is within a certain valley region. The Rambam (Sechirut 8:5) says that it refers to most of the fields of the city. In any case, in regard to snow, it rarely makes a difference, as entire regions are generally covered similarly by snow, making it a makkat medina.
The mishna (Bava Metzia 103b) says that if a person rented out a field for produce and its wellspring dried up, the renter cannot reduce the amount he owes even though the field is now more difficult to cultivate. The gemara says that it is talking about a case that only a small artery in the area’s water dried up, and it is not a makkat medina because the renter can still bring water to the field by pail. Based on this, the Rama (CM 321:1) says that if one can fix the problem that arose even with difficulty, he does not reduce his obligations.
The Rama (ibid.) brings two opinions as to how to apportion the loss in the case of a makkat medina. The first is the Maharam, in regard to a teacher, when the government forbade teaching Torah, who says that the employer absorbs the loss. He cites a second opinion that at that time, the employer can back out of his commitment when the matter becomes known, and the employee gets paid only for what was done until then. The S’ma (ad loc.: 6) says that the Rama brought the Maharam incorrectly, as he meant that the two share the loss equally. The Taz agrees with the Rama, as we say that the employer’s "fortune" is that which caused the loss. The Netivot Hamishpat (321:1) accepts the Rama’s second opinion. The Avnei Shayish points out that even according to the Maharam, the worker is paid as a po’el batel (we subtract for the benefit of having vacation).
P'ninat Mishpat (824)
Various Rabbis
49 - A Father’s Rights in His Children’s Monetary Assets
50 - Workers Who Could Not Work Due to Snow
51 - Incompatibility Between a Lawyer and a Dayan
Load More
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 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
Rabbis in Midrash
Lessons
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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.
Kuzari -Rabbi Ari Shvat Kuzari class 2
The King of the Kazars, in his search for truth, starts by inviting the philosopher. This is a "crash-course" on Aristotelian philosophy and the reasons why the king is not convinced. Through this dialogue, R. Yehuda HaLevi already foreshadows some of his central ideas that will appear later.
Shavuot "Love of Torah = Love of Israel"- for Shavuot
People often identify Judaism as just a religion, but upon examination, we see, even halachically and explicitly in the siddur, that the Torah is dependent upon Am Yisrael, Jewish nationalism.
Ein Aya The Middle-Child & Anti-Tzni'ut Syndrome- Negative Attention
Although tzni'ut is for men just like women, Rav Kook deals here with the sources in Yishayahu and the Talmud which deals with the special problem of lack of tzni'ut in women's dress and actions, where it's not just a problem of midot and character traits, but also can include practical, social and national ramifications, as well, which caused the destruction of the Beit HaMikdash and exile from Israel. The class continues the previous one (Ayn Aya Shabbat vi, 29), and is a must for all educators and parents of high-school aged and young adults.
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
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
