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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 (824)
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
Load More
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.
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
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 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: Damage from Renovations
based on ruling 82093 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
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Ein Aya In Zion Even the Smoke of the Bark is Sweet
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Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
Kuzari -Rabbi Ari Shvat Kuzari class 2
The King of the Kazars, in his search for truth, starts by inviting the philosopher. This is a "crash-course" on Aristotelian philosophy and the reasons why the king is not convinced. Through this dialogue, R. Yehuda HaLevi already foreshadows some of his central ideas that will appear later.
Shavuot "Love of Torah = Love of Israel"- for Shavuot
People often identify Judaism as just a religion, but upon examination, we see, even halachically and explicitly in the siddur, that the Torah is dependent upon Am Yisrael, Jewish nationalism.
Ein Aya The Middle-Child & Anti-Tzni'ut Syndrome- Negative Attention
Although tzni'ut is for men just like women, Rav Kook deals here with the sources in Yishayahu and the Talmud which deals with the special problem of lack of tzni'ut in women's dress and actions, where it's not just a problem of midot and character traits, but also can include practical, social and national ramifications, as well, which caused the destruction of the Beit HaMikdash and exile from Israel. The class continues the previous one (Ayn Aya Shabbat vi, 29), and is a must for all educators and parents of high-school aged and young adults.
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
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts