Beit Midrash

  • Sections
  • P'ninat Mishpat
קטגוריה משנית
To dedicate this lesson
undefined
Based on ruling 76111 of the Eretz Hemdah-Gazit Rabbinical Courts

Case:
The plaintiff (=pl) is an aguda shitufit (i.e., joint community) and the defendants (=def) are residents of a new section of the yishuv. The aguda is supposed to provide its residents with support in various elements of communal and personal life and is recognized, along with its charter, as an organization by the relevant authorities. A year ago, pl informed members of the yishuv that they are required to pay 6,000 shekels per couple to renovate a public building. Def and a member of pl’s board reached a compromise proposal based on which they would contribute 9,000 shekels from their charity fund to be used for whatever purposes pl decided. Def gave the money; the full board did not accept the proposal. Some time later def reserved pl’s social hall for a simcha. Due to tension between the sides, it was unclear until soon before whether def would be allowed to use it. Pl claims that as members of the aguda, def is obligated to pay continual fees of 4,106 shekels, along with 6,000 shekels for the one-time expense. Def claim that the obligations are unfair because members of the kibbutz, which founded the yishuv, are preferred members of the aguda, who pay less than residents of the expanded areas. Pl responded that members of the kibbutz either paid for development over many years or paid extra money to join the kibbutz. In fact, this provision is part of the charter that was accepted by the Rasham Ha’amutot (NPO Registry). Def deny registering as members of the aguda, who need to pay, and argue that landowners in such places no longer are required to be members. They admit that in the past they were involved in pl because they thought they were members but have since learned that they are not. Def also argue that since they already paid 9,000 shekels based on a compromise understanding, it is unacceptable for pl to reject the compromise. They also say that although they lost 4,000 shekels in looking for alternatives for their simcha due to pl’s threat regarding the hall, they will accept an apology.



Ruling: There are several indications that def are members of the aguda, including their application for that status. Even if they are no longer required by law to be members, there is not sufficient indication that they are not such today. Therefore, in accordance with the charter, they are required to pay the 6,000 shekels in question. There is enough logic to distinguish between different categories of residence for the different municipal fees to not be considered discriminatory. Additionally, def admitted to promising to pay the money before being given permission to use the hall for a simcha, and it is illegitimate to agree to payment in return for rights and then renege on the agreement.

The 9,000 shekel donation is certainly a large one that indicates it had a purpose. However, there is strong evidence that def knew that the compromise was not accepted, and thus def was acting in bad faith. However, since there were irregularities in pl’s bookkeeping, pl cannot demand any payment that it cannot demonstrate are due.

Regarding use of the hall, pl acted improperly in temporarily rescinding def’s right to use it based on a dispute. Grievances over payments should have been dealt with without intimidation. Therefore, beit din presents a text of an apology which pl are responsible to make.
fast navigation
Lessons
    undefined
    Beha'alotcha

    The Consolation of Lighting the Menora - Rav Kook at the Third Shabbat Meal

    15 Sivan 5784
    undefined
    Beha'alotcha

    Why Was Miriam Punished?

    Rabbi Yosef Tzvi Rimon | 5777
    undefined
    Prayer

    ?How we should dress for Prayer

    Chapter five-part two

    Chapter five-part two

    Rabbi Eliezer Melamed | 5775
    undefined
    Prayer

    Who Can Be Counted in a Minyan?

    Chapter Two-part three

    Can every ten men be a Minyan or are there other conditions?

    Rabbi Eliezer Melamed
    undefined
    P'ninat Mishpat

    Historical View of Rav Mordechai Yaakov Breish (Chelkat Yaakov)

    Various Rabbis | 5775
    undefined
    Happy Occasions

    Fasting and Feasting on a Yahrzeit

    “My father’s yahrzeit falls during the week of sheva brachos for my grandson. May I attend the sheva brachos?” "My yahrzeit falls on Shabbos this year. Do I fast on Friday or Sunday instead?" "I usually fast on my father’s yahrzeit, but someone is honoring me with sandaka’us on that day. Do I fast, and do I need to be matir neder in the event that it is permitted to eat?"

    Rabbi Yirmiyohu Kaganoff
    undefined
    Revivim

    Halakha on Abortion of Fetuses with Severe Abormalities

    A fetus is considered a living entity in regards to certain laws, but there is no penalty of death for taking its life. What do the rabbinical decisors say?

    Rabbi Eliezer Melamed
    undefined
    Jewish Holidays

    The Twentieth of Sivan

    "I noticed that the back of my siddur contains a large section devoted to selichos for the 20th of Sivan, yet I have never davened in a shul that observed this day. What does this date commemorate?"

    Rabbi Yirmiyohu Kaganoff | Sivan 17 5780
    undefined
    The Giving of the Torah

    The Day of the Rains and the Giving of the Torah

    According to our Sages, The Day of the Rain is as great as, or even greater than the day of the Giving of the Torah. The basis for this comparison is discussed in depth, as well as additional aspects of the connection between the rains and the Torah.

    Rabbi Uzi Kalchaim zt"l | 5770
    undefined
    The Torah Perspective

    Secular Zionism in the Eyes of Rav Kook.

    How can we understand the rebellion against religion over the past century? What does the world gain spiritually from this rebellion which was foreseen in the mishna 1,800 years ago as part of the period preceding the mashiach? Only after we understand the rebellion can we glean the benefit and relate to our brothers properly.

    Rabbi Ari Shvat | 5769
    undefined
    Redemption - Geula

    When Moshiach Comes

    A summary of the different Brachot we will bless when the Moshiach will walk through the door.

    Rabbi Yirmiyohu Kaganoff | Iyar 5768
    undefined
    Marriage and Relationships

    The Role of Parents in Marriage

    Today, parents can fulfill the commandment of marrying off their children by providing them with a good education at prestigious schools, supporting them so that they be able to learn a profession, and clothing them in attractive attire.

    Rabbi Eliezer Melamed | 5764
את המידע הדפסתי באמצעות אתר yeshiva.org.il