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Case: The plaintiff (=pl) runs a guesthouse, which hosted a group of students in a program organized by an informal education resource organization (=def). Def’s representative #1 (later replaced by rep. #2), who had stayed at the guesthouse before, negotiated after receiving a brochure about pl’s services. The group came for Shabbat with approximately 40 people for a price of 4,500 shekels for lodgings and 2,500 shekels for food, after giving a 3,500 shekel down payment. The group came closer to Shabbat than envisioned, without the group’s leader, and complaints were raised about lack of room. Some students were supposed to sleep on mattresses, and bedding was available, but many did not find them and slept without bedding or on the floor. The same is true of disposable utensils. Food was available for seuda shlishit as well, but the group did not take it. A representative of pl testified that on Friday, he showed a school staff member where all provisions were. Another major complaint was that pl did not have a kashrut certificate. (Some of the staff and of the girls did not eat pl’s food for that reason or because they did not like it). On Motzaei Shabbat, def refused to pay the fee’s balance (3,500 shekels) due to the things they claimed were missing (some will be mentioned in the ruling). Def is countersuing for 6,500 shekels – for return of the down payment and for the cost for an apartment that a staff member took for his family when he saw there was no room for them. While there were issues to be worked out between the school and def, they were not brought before beit din.
Ruling: We will begin with two points that explain a major cause of the confusion that existed over Shabbat. The representative who made the reservation, discussed details, and had experienced the guest house, did not make the final arrangements. Second, def did not send a representative to smooth out any issues before and during Shabbat, but relied on the school to handle things with pl, between whom there had been no previous discussions. Therefore, there were conflicting expectations, and they were not handled openly or effectively.
There are two general criteria for what a service provider must live up to: 1. that which was agreed to explicitly; 2. in the absence of agreement, normal standards within the society in question.
Kashrut certificate – when the proprietor is an unquestionably religious person, not always is there a demand that he have a formal kashrut certificate. No one claimed that they personally asked pl whether he had one or that he had said he did. He only said that the food is kosher. When the issue arose between the school and pl, he showed them the packages of the packaged food, and indeed they all were kosher supervised, and he claimed to have done all the cooking. The rabbi of the group said that under the circumstances, it was permitted to eat, and therefore, whoever did not eat cannot blame it on pl. There were no indications that the food was not edible to a reasonable degree.
We continue with further discussion next week.
P'ninat Mishpat (829)
Various Rabbis
425 - Responsibility for Electricity Infrastructure – part III
426 - Sub-Par Guest House Experience? – part I
427 - Sub-Par Guest House Experience? – part II
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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: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 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.
