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A kibbutz member (=def) served as a teacher at the kibbutz (=pl). Over the years, money was taken from her salary, as required in Israel, for an enrichment program fund, whose main intention is to pay for extra classes teachers may take. After many years, def redeemed the fund, thereby receiving 42,000 shekels, without informing pl. Pl demands that the money be transferred to it, as all kibbutz members must pass on their earnings to the kibbutz. Def claims that enrichment funds are different because they are a way to improve its holder as a teacher, not to improve his or her financial situation. In this case, the kibbutz, for whom she worked, was the beneficiary of her improved teaching. She provided receipts of spending on courses (some of which pl disputed) of more than 42,000 shekels. Pl argued that def needed to have these courses approved by the kibbutz. Def responded that she refrained from doing so because her family had a bad relationship with pl’s previous secretary, which caused them to be consistently discriminated against in kibbutz decisions. Def claims that other kibbutz members also took liberties against official rules and were not dealt with as harshly as def, showing that implementation is unfair, and thus she should be allowed to keep the properly used funds retroactively, despite violating the rules about reporting taking part in the courses.
Ruling: The language of the charter of the kibbutz, which is signed by all members, determines what rules should govern their relationships. This is because all partners are bound to agreements as to how they are to share assets (Shulchan Aruch, Choshen Mishpat 176:5). The charter’s language is clear that all income related to work goes to the kibbutz and other salary-deducted funds, such as pension, are always shared with the kibbutz. The enrichment fund is not an exception to the rule, considering that the money invested in it can be refunded at the time of retirement and used for anything.
The possibility that other people abuse the rules and get away with it does not mean that rules are not to be kept. Only if it is standard that people in the first place uniformly ignore a certain rule would we say that that rule is not meant to be kept. However, when people mainly keep all the rules and the question is just about inconsistency in enforcement, that is a social problem, not a legal one.
Although pl felt (logically) that it is a dangerous precedent to consider authorizing expenditures retroactively, they agreed to do so beyond the letter of the law. At the end, they did not authorize any of the use of the funds, a decision that beit din will not overrule. Beit din, though, embraces pl’s agreement to have an outside body, such as an umbrella organization of kibbutzim, look into the claims of improper handling of kibbutz affairs, in response to def’s serious charges.
P'ninat Mishpat (829)
Various Rabbis
157 - Early Exit of a Renter
158 - A Kibbutz Member’s Unauthorized Use of an Enrichment Course Fund
159 - Loss of Principal on an Investment
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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: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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.
