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Case: The plaintiff (=pl) and the defendant (=def) are organizations that do overlapping work in strengthening the religious/social fabric of a certain city. Def was looking for a grant from the Department of Education (=DOE) and was missing a couple of eligibility components – the operation of a kollel and reaching a certain number of hours of community work. Def suggested to pl that they join forces so that def could be eligible, and they would give 25% of the funding to pl. They signed a contract with terms. Thus, a few avreichim who had been involved with pl, including one with certain qualifications required for the grant proposal, went to work under pl. In 2012, the grant request was originally turned down because one of these avreichim was rejected by DOE. Eventually, def received 306,341 shekels and gave pl 32,640 shekels (far less than 25%). In 2013 they received no funding. In 2014 they negotiated terms of agreement but did not sign a contract. Def received 281,111 shekels, but they could not agree on the amount due to pl. Pl claims they deserve the full 25% for 2012. Def claims that pl agreed to a reduction because they were responsible, by providing an ineligible avrech, for the proposal’s rejection. This caused def to have to work very hard to receive funding, which is not attributable to pl. They also pointed out that pl did not ask for a full portion for 2012 until the argument regarding 2014 arose, which proves that pl had agreed. Pl argues that it took a long time until the funding came, and they did not know how much they deserved until later; there was no mechila. Regarding the avrech, def was aware of the issue and decided to proceed with the funding request anyway. [We will discuss 2014 next time.]
Ruling: Def’s claim that the agreed upon formula for payment was changed is similar to claims that a debtor paid, in this case, partially. When there is a written agreement, if there were a change, we would expect that def would replace it with a new agreement. A delay in demanding more money is not proof of mechila (Shulchan Aruch, Choshen Mishpat 61:9).
The Radbaz (I:364) rules that one is believed to say that the other side was mochel only in a case that he could have claimed that he paid. Rav Shmuel Rozovski explains the weakness of the claim of mechila in that while debts are made to be paid eventually, they are not normally made for there to be mechila. Even if there is logic in a specific case for there to have been mechila, there still needs to be proof. In this case, since payments of this magnitude are done with checks or bank transfers, def would not be believed to say they paid, and therefore they need proof of mechila, which def did not bring.
As far as the claim that pl did not provide the prescribed help and was not responsible for the funds received, it appears logical that the important resources pl provided were part of the basis of the eventual funding. However, due to the fact that pl had to engage in a long campaign to receive funding, which should have been automatic, we are reducing the amount due to pl for 2012 from 25% to 20%.
P'ninat Mishpat (829)
Various Rabbis
559 - A Disappointing Partnership – part III
560 - Dividing Government Funding
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 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
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 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
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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.
