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Rabbi Mordechai Tsemach ben Mazal Tov
Ruling: Beit din established that it is pl who is obligated to pay the phone company, as the agreement was made and signed between them. However, def obtained the phones from pl with meshicha, by physically acquiring the objects in a manner that made him obligated to pay pl for their price. Both litigants agree that the deal was done as a favor by pl for def. Therefore, we view the deal between pl and def as an exact duplicate of the agreement between pl and the phone company. In this way pl neither gains nor loses from his agreement to, in effect (not by law), be the middleman between def and the phone company. It does not make a difference if def was aware of all of the conditions of the sale. If he had wanted to, he could have found out, certainly considering that he was present when the deal was being finalized.
Thus, def obligated himself to pay not only for the calls he made but also for the phones themselves should there be a need to pay for them. Since this payment is one of an accepted obligation, not a damage payment, it is not relevant whether or not def knew that his stopping to use the phones would cause a need to pay for the phones.
That being said, part of the 6,500 shekels charge was a result of lack of payment that resulted from pl’s delay in acting on the information that def was no longer using the phones. Pl is responsible for those charges.
Since beit din does not have access to the information that would enable it to determine the equitable breakup of those charges, beit din will estimate based on its authority to employ p’shara (compromise) so that the matter can be closed (see Shulchan Aruch, Choshen Mishpat 12:5). Beit din decided that def has to pay two thirds of the total charges.
P'ninat Mishpat (829)
Various Rabbis
65 - Payment for Indirect Damage
66 - A Deal Arranged Through a Middleman
67 - Severance Pay for Not Working on Chol Hamoed
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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: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 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.
