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Case: The plaintiffs (=pl) saw on a Chabad house’s (=def) site, a Pesach-vacation package: a hotel providing kosher-for-Pesach meals for 100 euro per person; Seder and day trips arranged by Chabad free of charge. Pl, who was returning to Israel before the seventh day of Pesach, wanted a switch of the order of trips so they would not miss one that interested them, and the rabbi agreed to accommodate. Pl has the following complaints: the hotel’s meals were sub-par, and kitniyot were served at one of them; two day trips, including the one that interested them, were cancelled. The rabbi was not at the Seder but was replaced by his brother. Pl are suing the Chabad house for 100 euro per member of the family. Def responds that vacationers do not pay them for anything, and they only receive a finder’s fee per guest from the hotel. Therefore, def is not responsible when things do not go as hoped for. The rabbi, who had an important personal reason to be elsewhere, is not obligated to always be present, and there was a qualified replacement.
P'ninat Mishpat (829)
Various Rabbis
475 - Was he or Was he Not the Lawyer? – part II
476 - A Sub-par Vacation Package
477 - Return of Rental Check
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1. The hotel – def was an agent for the hotel, from which alone it received pay. Therefore, if pl has complaints, they should sue the hotel, just as one may not sue a real-estate agent when a seller deceives the buyer [unless the agent was involved in intentional deception].
2. Seder and trips – def was responsible without pay. When one offers services for free, he is allowed to quit even if he cannot be easily replaced (Shulchan Aruch, Choshen Mishpat 333:5, based on the Maharik). The Gra (ad loc. 35) explains that it is because in that case no employer-employee relationship exists. Additionally, even if relying on the offer caused a loss, the recipient should have taken into account that one who provides services for free can decide to stop them at any time, and he accepts the risk.
We do find that one who causes one to make a decision based on assurances he gave can be obligated to pay even if he is not paid (see Shulchan Aruch, CM 306:6 and Rama, CM 14:5). Some say that this is because of garmi (semi-direct damage) (Gra CM 306:16). Some say it is based on arev (accepting responsibility to one who extends himself due to another’s assurance, classically, when lending money based on a co-signer’s assurance). However, it is not possible to apply this here, as overall pl did not lose based on the assurances; he just did not gain as much as he had hoped. It is amazing that pl is suing for the entire amount he paid for the package, as if he received no benefit from the hotel and the services he received from the Chabad house.
Therefore, def is exempt from paying.
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 Seller with Questionable Rights to the Property – part II
based on ruling 84062 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
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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.
