YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
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 (829)
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
Load More
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.
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
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
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
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
fast navigation
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.
