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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 (832)
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
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P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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Parshat Re'eh
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Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
