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Ruling: [Last time we concluded that def had to prove that he made the partnership conditional on future non-competition, which he did not succeed in doing.]
Def cannot demand money for training pl. Pl improved his photographical skills "on the job," which is normal for workers and does not obligate an employee to pay his employer, as def still gained from pl’s existing expertise.
Regarding def’s claim that pl’s competition effectively closed def’s business, the Shulchan Aruch (Choshen Mishpat 156:5) says that one cannot prevent another from opening a competing business. On the other hand, it is forbidden to take actions to attract set customers from an existing business (Chatam Sofer V, CM 79). Therefore, if def would continue his business, it would be forbidden (perhaps as a Torah-level prohibition) for pl to offer his services to people whom he met through his work for def (see Bemareh Habazak V, 120-121).
Pl left the business legitimately, as there were professional disagreements and there are no signs of trickery. There also was not an objective reason that forced def to close his business. Rather, the feeling that pl betrayed him caused def to react in a way that led to closure; def could have avoided it.
Had def continued with the business, some of the customers for whom he works should have been directed back to def. However, since def closed the business, he cannot claim damage from the fact that former clients now employ pl. However, beit din feels that pl should realize that his gain from his association with def continues. Therefore, beit din urged pl to withdraw his suit for back pay, which pl agreed to do.
P'ninat Mishpat (829)
Various Rabbis
203 - Transparency in Window Making
204 - The Picture of Competition – part I
205 - Expert Witnesses – part I
Load More
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 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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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.
