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Ruling: There is no need, according to neither Halacha nor secular law, for an arbitration clause to be labeled as such if its content indicates that this is the clause’s function. Def’s claim of possible forgery is a serious one. Def should have a copy of the rental contract. If it is different from the one that pl sent to beit din, this supports the claim of forgery, but def did not present such an alternative contract, making it wrong to propose the claim with scant basis.
Def’s claim that beit din categorically cannot rule in abstentia is incorrect. If it is determined that beit din has jurisdiction and the defendant consciously refused to come without justification and does not give in to pressure (see Shut Maharil Diskin, P’sakim 52), beit din may hear the plaintiff’s claims, investigate the matter, and rule (Maharam Shick, Choshen Mishpat 2; Guidelines of the Israeli Rabbinical Courts). On the other hand, this is an unusual step that is contemplated only when there is no choice. In this case, def has an argument over jurisdiction and is not outright refusing to adjudicate. Therefore, ruling in abstentia is not currently "on the table."
The correct reading of the arbitration clause is not a trivial matter. According to the laws of arbitration, a court is incapable of making a binding determination (when one is needed) about its own jurisdiction. According to law, the jurisdiction is adjudicated by the governmental courts. However, since both sides are G-d-fearing people who agree to go to beit din, it is proper that another beit din determine it. Def is correct that as the defendant, he gets to choose the venue (Shulchan Aruch, CM 14), and therefore they should bring their preliminary dispute to Beit Din X to rule on jurisdiction. If Beit Din X rules that the adjudication should be by us, then even according to def’s reading of the arbitration agreement, they must do so.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
615 - Firing during Maternity Leave
616 - Interpreting an Arbitration Clause
617 - Pay for Contractor who Left the Job under Protest – part I
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Beit Din Eretz Hemda - Gazit
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
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 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: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
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)
Rabbis in Midrash
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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)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
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)
Re'e NEVER EXTREME EXCEPT ISRAEL
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.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
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.
