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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 slept without bedding or on the floor because they did not find them. 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: [Last week we mentioned blame for def for not being a proper liaison between the school and pl and posited that kashrut certification for a religious proprietor should not be assumed.]
P'ninat Mishpat (831)
Various Rabbis
427 - Sub-Par Guest House Experience? – part I
428 - Sub-Par Guest House Experience? – part II
429 - How Many People Together to Start Shemoneh Esrei? – part II
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Bedding – There is agreement that pl told a school madricha that they were in a closet. It is not pl’s fault that they did not look for them or ask pl before he left, hours later.
Number of rooms – Pl did not promise more than existed and representative #1 had seen the premises. The teacher did not have a room because the bus driver, who was not scheduled to stay, took one.
Seuda shlishit – It apparently existed. The fact that the girls, who were already annoyed, decided to eat food they brought and/or no one looked in the refrigerator is not pl’s fault.
Serving and making beds – There is no evidence that pl committed to do so.
In summary, pl provides a low-level guest house package. There is no evidence he promised more. The fact that this did not live up to expectations and that there were misunderstandings that further took away from the school’s enjoyment falls primarily on def. Def must pay the remaining 3,500 shekels, and their counterclaims are rejected.
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: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 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: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
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)
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)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Rabbis in Midrash
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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)
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)
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.
P'ninat Mishpat 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: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
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.
