Yeshiva
Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Ruling: On the one hand, pl was mochel (relinquished) his claim with several statements, and he did not contact beit din with a retraction of the mechilla when he had a chance to calm down. However, he did not know at that time that he would have to continue the legal process because of the countersuit, and therefore the mechilla is not valid in the case that def wants to continue the adjudication.
Def have beit din’s permission to sue otdef in secular court. While we understand the desire to hold all related adjudication in one place, this does not override pl’s basic right to go to beit din. Therefore, it is def’s decision to choose between countersuing pl in beit din while defending themselves against pl’s claim or dropping their countersuit against pl.
Regarding the beit din fee, if they drop the countersuit, they will be reimbursed in full. If they want to lower their claim, they will get an incremental refund. In any case, we are charging pl for the beit din hearing which he halted by his unauthorized leaving. He is to pay 800 shekels to def and 600 shekels to beit din for expenses.
To the extent that def would like to continue with the suit, pl can demand that def will himself come to beit din to represent himself in relation to matters about which he has specific knowledge. The fact that def was allowed to not be present at the first hearing is legitimate in this case on its merits, and pl does not have grounds to disparage def or beit din.
P'ninat Mishpat (835)
Various Rabbis
558 - How Much Acceptable Work Did the Worker Do? – part I
559 - Believing the Worker about What Work he Did – part II
560 - A Defendant Continuing Adjudication after the Plaintiff Halted it
Load More
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 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
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
Rabbis in Midrash
Lessons
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
