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Case: The defendant (=def) was suing a leasing company and hired the plaintiff (=pl), a lawyer, to help. After negotiating the fee, they came to an agreement that pl would receive the higher between, 20% of the total ruling, and between 100% of the part of the award that exceeded 40,000 shekels plus VAT. Def received 67,049 shekels and pl is demanding his portion of the ruling. Def rejects the claim, because he has not yet been able to extract payment from his litigant, arguing that the portion for pl should come from money received. Additionally, def claims that he fired pl before the ruling was rendered, and so pl is not entitled to any pay.
P'ninat Mishpat (829)
Various Rabbis
483 - Fee for Yishuv for Allowing Purchase of a Housing Unit
484 - Firing a Lawyer before He Finishes the Job
485 - Enforcing Security Responsibilities
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Regarding the claim that pl did not finish the job, it is indeed the case that def had been dissatisfied with pl’s work and initiated a process of firing him. However, the sides met, and pl explained the way he was working in a manner that calmed def. We do not find any proof that pl was let go (certainly no one fully took his place).
In any case, an employer is not allowed to fire a worker who had been hired for a set job once a kinyan had been made to hire him (Shulchan Aruch, CM 334:1). The Pitchei Teshuva (ad loc. 2) cites opinions that this is the case even if there is only a written contract, even if it is not signed. It seems to us that an agreement communicated by email similarly counts as a kinyan. Thus, it would require pl’s agreement to stop working for him, and there has not been proof of that.
Furthermore, def’s claim is that pl’s employment was terminated 5 months after it began and two months before the ruling was rendered. It is therefore not reasonable (as opposed to a reasonable but halachically incorrect claim) for def to not have offered pl significant payment for the work he did (even if we were to accept def’s claim that the agreement for payment was only after the receipt of payment by def’s litigant). Therefore, in addition to full payment, def will also have to pay pl’s legal fees related to this adjudication, as he did not act in good faith.
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 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
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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.
