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Case: The plaintiffs (=pl) hired a dating service (=def) to help find suitable matches for their son and daughter for 5,800 and 5,000 shekels, respectively, while hiding the source of the shidduch suggestions from the children. The contract stated that def would suggest potential matches and would give "advice" and that the fee was not refundable under any circumstances. Def suggested, through middlemen and through Facebook, several women for the son, and he dated one of them. Def suggested two men for the daughter, who refused to date either. She confronted her mother after sensing "collusion," and after the mother admitted hiring def, the daughter refused to receive any more ideas. Pl demand a refund on several grounds: def tricked them, as they were too inexperienced to know that def was unlikely to get their children married; the impossibility of a refund is illegal and an unreasonable condition in a set contract; pl were unaware of this condition; def involved pl in the ideas, which was not supposed to happen; def did not do a good enough job; the fee was well beyond industry standards. Def responds that their conditions were fair and clear. They are more professional than other agencies. It is not their fault that the daughter decided not to cooperate. They did not promise a certain amount of dates but to work professionally.
Ruling: Last time we saw that def did a reasonable job in carrying out its obligations regarding the son but not fully so regarding the daughter. Now we respond to some of pl’s claims.
Pl claims that def’s fees were exaggerated, and therefore they should be able to say that their agreement to pay them is not binding. It is true that one who agreed to an exorbitant price to be saved can refuse afterward to pay more than the standard price (Shulchan Aruch, CM 264:7) and that the Rama (ad loc.) applies this to agreement to a shadchan’s fee. However, the Shulchan Aruch (ibid. 8) says that one cannot say he was not serious about the price after he already paid. Furthermore, the Shach (ad loc. 15) says that when shadchanut services are open-ended, one cannot make this claim, and here the amount of work needed was open-ended. Additionally, the Ktzot Hachoshen (ad loc. 3) says that when a shadchan has expenses (here, def has an office with 10 workers), the hirer has to pay that which was agreed. Finally, when a kinyan was made on the fee (here, with payment), the Netivot Hamishpat (ad loc. 8) says the fee is binding. Regarding the claim of ona’ah (the prohibition of overcharging), the Shulchan Aruch (CM 227:33) rules that there are no claims of ona’ah for a worker paid by time.
Regarding the inability to back out of the service, we divide the discussion into two. Regarding the law of exaggerated conditions of set contracts, since we applied the contract in a limited manner [see last week’s article], the condition is not exaggerated. Regarding the law that a person must be able to back out of a service request, that is only for up to 14 days. Pl did not back out within this amount of time.
P'ninat Mishpat (829)
Various Rabbis
443 - Unfulfilled Shidduch Expectations – part I
444 - Unfulfilled Shidduch Expectations – part II
445 - Replacing a Lost Check
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P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 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.
