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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 (829)
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
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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: 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: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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.
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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.
