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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. In 2012, def received funding after much effort. [We saw last time that pl deserved 20% for their imperfect help in making that possible.] 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 the two sides could not agree on the amount due to pl. Pl claims they deserve the same 25% for 2014 as for 2012. Although pl did not provide a kollel for 2014 (someone else did), the main money received was for hours of activity, and the 25% is justified for pl’s contribution to that. Def argues that they should get paid only an hourly rate for the hours of public activity and that they had raised that contention before 2014.
Ruling: The Rama (Choshen Mishpat 333:8) rules that if an employer and employee had an agreement for a year and then the work continued after that point without agreement, the same conditions exist as in the previous agreement. In this case, due to the significant changes in what was being provided, we cannot assume the same payment. However, the basic logic of the original agreement, giving a percentage of the revenues produced, can continue.
There is no question that the element of the kollel is a major part of the equation, even though it does not receive a rating number regarding budgetary matters as other factors do. The kollel is at the base of garinim torani’im in general, which makes it important in receiving funding. It is also one of the most expensive parts of the group’s budget.
It is impossible to make an exact accounting of what part of the funding can be attributed to what element, but we arrived at an estimate that the kollel was responsible for 70% of the funding and the community hours at 30%. Giving pl 25% of the funding for that element comes to 7.5%. Because def raised in advance the difficulty in providing the same funding sharing to pl as previously and pl had said, "We will work it out," we will reduce the amount due to pl to 6.5% of def’s governmental funding.
P'ninat Mishpat (829)
Various Rabbis
522 - Dividing Government Funding – part II
523 - Aftermath of a Rental that Almost Was
524 - Canceling Checks Found by a Third Party
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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: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 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.
