YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Case:A student was expelled in the middle of the year from a yeshiva for not living up to the minimum expectations of its staff. The yeshiva refused to return any tuition because of a clause in the contract between the parents and the yeshiva that states that if the student leaves the yeshiva after a certain date, the parents are not entitled to a refund. The two sides disagreed as to whether this condition applies even to a student who leaves because he is expelled or only to one who leaves of his own volition.
Ruling:There is a basic rule in the rules of interpreting documents that the person whom the document is supposed to serve has the burden of proof regarding doubts (Ketubot 83b). Rashi explains that this is connected to the rule that one who wants to extract money has to prove his claim. According to this reasoning, if the document in question is a shovar (literally, a receipt), which nullifies a debt, then the expansive interpretation of the document is actually supporting the one who is trying to use it hold on to his money. Therefore, the Ritva (Bava Batra 173a) says that in a case of doubt on a shovar, the holder of the shovar has the upper hand. While the Maharik disagrees, the Rama (Choshen Mishpat 42:8) agrees with the Ritva that the shovar would exempt from payment broadly. Some Acharonim (see Aruch Hashulchan, CM 42:10) distinguish between cases as follows. If the original document is the cause of the obligation, an unclear shovar can cast aspersions on whether there is a basis for payment, and the person would be exempt out of doubt. In a case where there is a clear, independent obligation, a doubtful shovar cannot undo the assumed debt. When there is circumstantial evidence that indicates which interpretation of the document is logical, all should agree that we follow that evidence even when the literal terminology is unclear (see Maggid Mishneh, Malveh 27:16) and Bach (CM 42:8).
In our case, the clause of the contract that discusses the effect of the student’s leaving the yeshiva is neither exactly like a regular document nor like a shovar. However, it is more like a shovar, in that there is an existing obligation to pay tuition and there is a question as to under what circumstances there is an exemption. After carefully analyzing the language and circumstances of the clause, beit din believes that it was meant to extend the obligation on the parents after their son is no longer attending the yeshiva only if the student decides to leave the yeshiva on his own, not if he is expelled.
On the other hand, the parents already paid, so they need to use the document to actually extract money, which, we have mentioned, is more difficult. It is therefore, appropriate to decide what the halacha would be in a case where there is no indication from the document and progress from there.
[Next time we will continue from here.]
P'ninat Mishpat (832)
Various Rabbis
245 - Laying Off a An Unauthorized Sale
246 - Returning Tuition When a Student Was Expelled – part I
247 - Returning Tuition When a Student Was Expelled – part II
Load More
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: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
