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Case: The plaintiff (=pl) sublet an office from the defendant (=def) with a detailed contract. At the top of the contract, it was written: "Rental agreement – this agreement was done based on a relationship of friendship and therefore includes no clauses about breach of contract and remedies." Over time, pl fell behind in rental payments by around 8,000 shekels. Def asked for payment many times; there is a dispute whether a repayment schedule was made. After pl ignored a lawyer’s letter demanding payment, def sued for payment at Hotza’ah Lapo’al (=HLP, an arm of the Israeli government that carries out payment from recalcitrant debtors). As a result, pl has paid, but HLP made him pay 2,359 shekels more than the actual debt, due to different charges. Pl is suing def to compensate for those charges because def went to HLP instead of to beit din. Pl also claims the contract is not enforceable because it says that there are no remedies because the sides are friends. Def responds that a rabbi told him that it is not necessary to adjudicate in beit din or get their permission to go to HLP when there is agreement on the amount of money that is due.
P'ninat Mishpat (829)
Various Rabbis
495 - Rescinding School Acceptance
496 - Expenses of Using Hotza’ah Lapo’al
497 - Claims of Various Levels on Payment of Finder’s Fee - Part I
Load More
[It is true that we consider going to Israeli secular court like going to non-Jewish courts because they follow other systems of law rather than Halacha.] However, there are many halachic sources about going to non-Jewish courts to enforce clear obligations. [The ruling surveys many such sources; we will not get into detail and will just mention the issues.] Generally, the problem of going to non-Jewish courts is in preferring their rules of justice (see Beit Yosef, Choshen Mishpat 26), which does not apply when one goes to enforce payment of a debt that is not in dispute.
Some have claimed that the courts do not follow the Torah rules of how to extract payment (see Shulchan Aruch, CM 97). However, HLP is actually more lenient on the debtor than Halacha requires. If pl claims that he does not have the money to pay, in our times, HLP has tools at its disposal that beit din lacks to make such a determination. Thus, the policy of most poskim is that one may go to HLP to extract payment that has been ruled on by beit din or when the claim’s veracity is not in question, and this is Eretz Hemdah-Gazit’s stated policy. There is some question as to whether one is required to get permission from a beit din, but the consensus on this point is also to be lenient if there is no dispute on content.
Therefore, beit din does not find fault in def’s actions, and not only is he exempt from paying for pl’s expenses but deserves a return of lawyer’s fee involved in his collection effort.
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: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
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.
