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Beit Midrash
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Case: The plaintiff (=pl) provides tax refund services, and the defendant (=def) used him originally to his satisfaction. For tax year 2009, he requested a major refund, due to receiving severance pay from three sources and becoming self-employed. The tax authorities’ (=mas hach) ruling was greatly delayed. Finally, the refund was rejected, mas hachdemanded payment, and they froze def’s bank accounts when he did not pay. Def turned to his new accountant for his business, and several months later received a refund of 18,000 shekels. According to pl, the new accountant complicated his ability to expedite the request becausepl no longer was able to communicate with mas hach as the legal representative and receive needed materials. That, along with the request’s complexity, explained mas hach’s delay. Pl claims that based on their old signed contract, def owes him 25% of the discount (4,410 shekels) plus penalties for late payment as stipulated in the contract), even if def asked someone else to continue the work. The fee is justified because pl receives nothing if there is no refund. Def claims that he is not contractually obligated because he did not sign on a contract for 2009, and his accountant could have done it for much less money. He had asked to end pl’s work, and he agreed to continue only because ofpl’s pleas and promises until he could wait no more. Def’s accountant explained that pl acted ineffectively, including that he did not physically visit mas hach.
Ruling: Def signed a contract in 2007 that included the conditions plclaimed. Therefore, when def asked pl to work on the 2009 taxes and he started working, it made their agreement binding, including that he cannot back out in the middle of a refund request for a given year.
P'ninat Mishpat (829)
Various Rabbis
419 - Going to Beit Din After Suing in Secular Court – part II
420 - Switching Accountants Due to Slow Results
421 - Responsibility for Electricity Infrastructure – part II
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We conclude that while def has not provided sufficient grounds to deny paying pl’s fee, there are sufficient grounds for dissatisfaction to employ a peshara hakerova ladin. We note also that pl agreed to some sort of lowering of her fee in this case. Certainly we will not award plfines for def’s failure to pay to this point.
According to one of the dayanim there is another reason to reduce the fee. Pl claimed that matters were hindered by the presence of two accountants for the same client. However, pl did not inform def in advance of this fact, and therefore there are grounds to claim that employing pl in 2009 was a mekach taut.
Def is obligated to pay pl 3,500 shekels.
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 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: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 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.
