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Ruling: Ability to void a sale: One can void a sale if the root problem existed in a hidden form prior to the sale, e.g. an animal was treif (Chulin 50b). In that case, if we do not know if the treifa occurred before or after the sale, the one who wants to extract money must bring proof (ibid.). The Shulchan Aruch (CM 232:11) rules that even if the buyer did not yet pay, he must do so unless he brings proof the blemish had already existed. Since the blemish was found in the buyer’s auspices, this is where we attribute it to have arisen. On the other hand, the Shulchan Aruch (ibid.:16), as the S’ma (232:34) understands him, says that if one bought cheese, which turned out after three days to be spoiled, we do not make him pay if he did not already do so. The distinction is that it is common for cheese to be predisposed to spoilage (ibid.). We cannot apply the latter logic to our case because the distinction is not clearly accepted and because in this case, there is no claim that the worming already began.
Responsibility for bad advice: Although pl and def disagree as to what advice pl gave, an expert said that even the advice pl claimed to give was faulty. The gemara (Bava Kama 99b) says that a non-expert who gives bad advice regarding accepting coins that another relies upon is obligated to pay. Although pl is not an expert, it is, for two reasons, difficult to obligate him. First, the semi-direct damage of giving bad advice obligates payment (as garmi) when the damage is basically immediate and certain. In this case, an expert determined that had def sold the dates within a reasonable amount of time, they probably would not have developed worms despite the advice.
Furthermore, the gemara (ibid. 100a) says that only if the advice’s recipient told its source that he was going to rely upon it does he pay. Although there is a dispute how explicit one has to be (see Shulchan Aruch, CM 306:6), in our case it is was clear enough that def was relying upon pl. However, def did not prove that he actually followed pl’s instructions. If def anyway did what he wanted, the damage would have occurred even if pl would have given correct instructions. Pl may even have stored the dates in a worse manner than pl instructed, thereby causing the damage.
Therefore, according to the strict law def must pay the full amount. However, since pl signed the arbitration agreement that allows compromise to be included, beit din gave some weight to the element of indirect damage that pl apparently caused and reduced the sum that def had to pay.
P'ninat Mishpat (829)
Various Rabbis
62 - One Who Tripped in a Store
63 - Seller’s Responsibility after the Sale
64 - Order for Services
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
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: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 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.
