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The Rambam (Mechira 22:3) says that if someone paid for an object that the seller had not yet taken control of himself, Mi Shepara obliges him to obtain the object to be able to give it to the buyer. The Shach and S’ma argue if Mi Shepara applies only in a case where a valid kinyan would make a binding agreement. The S’ma (209:23) says that it is talking about a case where the object is prevalent in the market, in which case a full kinyan would have been binding. The Shach (209:13) says that even in a case where there is no possibility for a kinyan to take effect, there still could be a moral obligation to uphold it, which finds expression in the Mi Shepara. He models this halacha on the gemara that situmta, a certain action that shows seriousness to acquire an object, creates a Mi Shepara even in a case where the situmta does not serve as a binding kinyan, because a serious action was done. The K’tzot Hachoshen (209:9) rules like the S’ma. The Pitchei Teshuva (209:11) says that the matter is an unsolved question.
This machloket is of great importance in our times when many financial transactions, such as sales of stock options, do not lend themselves to full kinyanim. Often also, a retailer does not have possession of the object at the time of the sale, as he obtains it from the supplier only afterward. Often these transactions are not done with the physical transfer of cash, but with bank transfers, checks, and credit card payment. These "transactions" are not more than payments of money, so that even according to the S’ma there is no more than a Mi Shepara.
Another point that requires attention is the matter of a set price, which is usually needed for a Mi Shepara to exist. One can ask regarding times like ours when commodity prices change regularly, if a kinyan works for them when the seller does not yet possess the object. The Pitchei Teshuva (209:11) says that in that case, a kinyan will not work on an item that is prevalent in the market if it is not yet in the seller’s control. (Dina d’malchuta does not exist in this area because the law does not determine that the payment of money is itself a kinyan, nor is there a clear minhag hamakom on the matter.)
P'ninat Mishpat (829)
Various Rabbis
60 - The Foundations of the Laws of Hiring Workers – part I
61 - Mi Shepara
62 - One Who Tripped in a Store
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P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
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.
