YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Case: The plaintiff (=pl) enrolled her daughter at the child care center of the defendant (=def), an NPO, starting from February 23. She paid 180 shekels for registration and was asked to leave checks until the end of the summer of 697 shekels each, including for February, even though, she claims, it was agreed she would pay for February only for two weeks. On April 7, pl decided to move her daughter to a center that is closer to her house. Pl received a refund for May and on, but not for the parts of April and February that she did not use. Pl calculates that this comes to 882 shekels, which she is claiming. Def says that if their manager promised that pl would pay only according to the percentage of the month that her daughter was enrolled, then they would return the money. (It is not clear if def and pl signed on the agreement provided by the Department of Commerce, which supervises child care centers). Def considers it illogical to return for part of the month of February if pl already gave a check at the time for the whole month. Pl responds that she was told that one gives a check in full but that there is an accounting at the end. The manager testified that she does not remember whether or not she told pl that her payment would be proportional to the month.
P'ninat Mishpat (832)
Various Rabbis
501 - Claims of Various Levels on Payment of Finder’s Fee – Part II
502 - Ending Payment for Child Care Center
503 - Taking Part in Financing Road Building – part I
Load More
In this case, pl is making a claim of bari (certainty) that she was promised a return of the money beyond the proportional part of usage, whereas def’s claim of not having to return it is shema (doubtful). Since the money is in def’s possession, they would normally not be required to pay (Shulchan Aruch, CM 75:9). However, they would have a "chiyuv latzet y’dei shamayim" (moral obligation) because of the existence of bari and shema. This obligation should play a role in beit din’s decision in a case like this in which the sides requested to know what the correct thing to do is.
Regarding February, it is very logical that a family which was getting started at def would be given a break and would not have to pay for a whole month when they started on the 23rd. It is noteworthy that pl did not ask for a fully proportional payment for February, but says they agreed on two weeks. This is not only credible but is fair.
Therefore, def should return the payment for half of February. In April, pl has in her favor only the matter of bari vs. shema, and therefore she deserves back only for two out of the three weeks she is requesting. Therefore, in total, def should return to pl payment for one month (697 shekels).
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: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(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)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
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.
