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Case: The plaintiff (=pl), a resident of Israel, and the defendant (=def), a resident of the US, jointly established a company in 2008 and registered it in Israel in 2009, with each of them holding shares. Def became the CEO in 2009. There is a financial dispute between the sides, with the following claims. Pl claims that def illegally diluted the company’s stocks and misled pl into investing hundreds of thousands of dollars, and pl wants compensation for that. Pl is also suing for pay for the work he did for the company. Pl sued def in our beit din, whereas def demands that adjudication be held in a beit din in the US. Pl argues that most of the company’s workers are in Israel, as is its legal headquarters. Def argues that as an internet company, there is no headquarters and a significant number of workers work in the US, including def himself, so that the adjudication should be there.
P'ninat Mishpat (832)
Various Rabbis
465 - Disputes Between Neighbors over Rights in a Building– part III
466 - Place of Jurisdiction
467 - Disputes Between Neighbors over Rights in a Building – part II
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Rav Yisraeli (Mishpetei Shaul 42) explains the Rashba based on the assumption that the defendant will have to, in any case, come to the plaintiff’s place due to his resources there, in which case he has no excuse not to adjudicate there. However, in this case, def’s holdings in Israel are small compared to the scope of the adjudication, and so this is not a reason to hold the adjudication in Israel.
The Maharashdam focuses more on the adjudication being in the place that the sides decided to conduct their business. In this case, in contrast, def did not come to Israel to do the negotiations. Acharonim dispute (see opinions of Rav Eliyahu and Rav Yisraeli in Mishpetei Shaul 40) what happens if the dealings happened in the plaintiff’s place, but were held by representatives of the defendant. However, here in any case, def said that he himself signed the papers in the US. Furthermore, it is accepted to apply the Maharshdam only to cases in which both sides’ residence was in the same place and the defendant moved out later.
Although Rav Yisraeli (ibid. 42) said that the batei din in Israel have a status of makom hava’ad (a judicial center), to which cases should be brought when possible, that is only in regard to matters in which the Rabbanut batei din have special jurisdiction. It does not apply to cases where adjudication will be based on arbitration law. While pl cites an opinion that the reason to adjudicate in the defendant’s place is for the concerns of the plaintiff to be able to receive payment, that opinion is not accepted. We note that in this case, should there be payment, it would be taken from def’s resources in the US. Therefore, adjudication should take place at a beit din in the US.
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: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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: 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)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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Parshat Re'eh
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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.
