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Beit Midrash
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Case: Plaintiff 2 (=pl2) was the contractor for major renovations of the defendant’s (=def) home; plaintiff 1 (=pl1) was the supervisor. The contract stated that pl2 would finish the job in 120 work days within approximately six months. After over eight months, with the job not close to complete, def fired them, with the claim that pl2 was working only sporadically because he took on another job. Pl2 claims that he took the other job only after def fell behind in payments and that he had already worked 140 days because def made additions to the original plans. Pl2 claims that def fired them when she received a bill for the additional work. Def says that she wrote a letter to fire them before she received that bill, that she paid less than spelled out because she bought some of the materials that pl2 was required to, and because the work was behind schedule. She claims that pl1 approved the amount she paid and that pl2 did not protest.
P'ninat Mishpat (825)
Various Rabbis
541 - Waiving Workers’ Benefits
542 - Firing a Contractor – part I
543 - P'ninat Mishpat: Firing a Contractor – part II
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[Without going into detail,] the content of SMS messages between def and pl1 at the time between when def said she fired pl1 and pl2 and when pl2 claimed it occurred do not make sense if def had already carried out the firing. Therefore, we assume that def indeed fired them after she received the bill for additional work.
Nevertheless, def did have grounds for firing pl2 based on the fact that he was well behind schedule. Although there were additions, they were not significant enough to have changed the schedule by that much. Pl1, whom the contract states would be believed to report accurately on pl2’s work, says that pl2’s work log is accurate. Of the 26 days that that the log has pl2 not working, 20 days come with excuses (whose validity it is hard to appraise) and 6 with no excuse. More significantly, pl1 stated (and pl2 did not deny) that the level of work (e.g., the number of workers he brought) went down significantly after pl2 took the other job, without permission from def, and according to pl1, this was done purposely. Thus the question is whether pl2 was justified to slow his work based on lack of pay.
Pl2 claims that pl1 told him that def was paying less than expected because she lacked funds. But pl2 also says that he trusts pl1, and pl1 agrees that he approved the amount that def paid pl2, based on her purchases and incomplete work. Pl1 might have told pl2 that def might be having liquidity problems but that he should not be concerned about her paying eventually. In any case, pl2 did not explicitly protest about the payment and therefore had no right to not keep to the agreement on the pace of work. Therefore, since the contract states that def can fire pl2 if he is 15 days behind schedule, in this case she had the right to do so
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Using Car that Was Supposed to be Returned
based on ruling 84065 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
