YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
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.
P'ninat Mishpat (829)
Various Rabbis
507 - Taking Part in Financing Road Building – part II
508 - Muncipal Dues in a Yishuv
509 - The Right to Back Out of a Sale – part I
Load More
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 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
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.
