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Case: The plaintiff (=pl) contacted the defendant (=def), a manager for an "internal travel" company, to organize the lodgings and events for their son’s bar mitzva at a guest house. They decided on a package at a certain hotel, and def gave a quote of 40,500 shekels. Def informed pl that he had to deposit 30,000 shekels in her company’s bank account to enable her to order rooms from the hotel. Pl did so and received a receipt. A few weeks later, def informed pl that her company’s owner fled abroad after emptying the failed business’ accounts. It turns out that the rooms were never ordered, and the rooms that were supposed to be ordered were taken by a different family. Pl ended up spending more than 50,000 shekels on other rooms at the same guest house. Pl is suing def for the following: 30,000 shekels for the money he wasted due to def’s useless instructions; 10,300 shekels for spending extra money on the new rooms because pl had not ordered when she said she would; 5,000 shekels for the fact that pl ended up having to make time-consuming arrangements (including having to take off from work) that def was supposed to have done. Def argues that she was only a salaried worker for the company, which is the entity that should be sued. Regarding the fact that the rooms in question were not obtained, this was based on a mistake that the guest house made.
Ruling: While pl was the subject of a great injustice, one that might have even been purposeful on the company’s part, a major question is the status of a corporation and its shareholders and workers’ liability. While there is a machloket how to view a corporation regarding "religious" applications (e.g., ribbit, chametz), regarding monetary obligations, we follow the accepted practice to treat a corporation as a separate entity (see Minchat Yitzchak X:143). Even the owners of the corporation do not have liability. This is also a principle that those who sign our arbitration agreement accept upon themselves. Exceptions to this rule, both in secular law and in our beit din, are when someone used the corporation as a "front" to perpetrate a fraud or when a worker caused damage through gross negligence.
In this case, our research into the corporation shows that def was not a shareholder of the company but a salaried worker. There is also no evidence that she was aware that the company was not solvent. Although she did not get paid for her last two months of work, at the time the money was paid, her salary was not that late. The reason such a large down payment was demanded could be as def claimed, that the boss needed funds for a major project at a Dead Sea resort. Therefore, def is not to be blamed for taking the high down payment without warning pl.
[While skipping significant detail,] it is not clear that the added expense that resulted from the order not being placed earlier was def’s fault or that it represented an actual loss (as opposed to a lack of gain) for pl. Therefore, this is not grounds for any payment either.
P'ninat Mishpat (829)
Various Rabbis
479 - Return of Rental Check
480 - A Worker “Cleaning Up” a Demised Company’s Mess
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P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 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.
