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Ruling: Def claim that they are not required to adjudicate in beit din because of the law that a chozeh achid (a "uniform" contract which one strong party pressures many weaker parties into signing) is not binding when it is mekape’ach. Beit din does not accept this claim, since there is nothing unfair about going to beit din. Arbitration is a viable alternative that many parties agree to, and the fact that the arbitration is in beit din does not make it unfair to any specific party.
Def claim that they are not members of pl, as the law does not require them to be, despite owning a home in its area, and therefore they are not bound by its provisions. Although they signed with the kibbutz association when they bought the property, that was before pl was founded. Pl responds that it is a legally founded continuation of the kibbutz association to include members of the extension who are not kibbutz members. The fact that def was a member of committees of pl is sufficient evidence that they know they are members. Def counters that they used to think they were members of pl, but after reading pl’s by-laws of eligibility for membership, they realized they cannot be. They also recently sent in a letter cancelling membership. Pl is correct that these claims are in bad faith. No one has questioned def’s membership, even if someone could have tried to disqualify them on a technicality, which pl is certainly not required to have accepted. The agreement also states that resignation from pl goes into effect only after six months pass and only after all debts to pl have been paid, neither of which have transpired.
Def showed payments they made to the kibbutz, which seem to be beyond what members were generally asked to pay. Beit din finds that pl’s attempt to explain them do not present a coherent picture. Therefore, pl is responsible to demand a refund of the money from the kibbutz, in which case, def is entitled to receive it from pl. If pl fails to receive the money or a valid explanation, def can sue the kibbutz for that money (the kibbutz is not a party to this adjudication).
We continue next time with other issues.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
562 - Paying Community Taxes – part I
563 - Paying Community Taxes – part II
564 - Paying Community Taxes – part III
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
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 Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 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: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 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
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
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Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
