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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 (835)
Beit Din Eretz Hemda - Gazit
561 - Paying Community Taxes – part I
562 - Paying Community Taxes – part II
563 - Paying Community Taxes – part III
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 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: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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
