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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 Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
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 Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 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
Rabbis in Midrash
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Israel and the Nations A Few Minutes & Many Innovative Ideas on Antisemitism & What to do About It
As we approach the High Holidays, this short lecture (18 minutes) deals with the unfortunate situation of how Israel and the Jewish People stand against antisemitism, analyzing its cause according to Rav Kook, and how to deal with the issue pragmatically & via our prayers.
Ha'azinu PURSUIT is PERFECTION
p. Ha'azinu, Shabbat Shuva
Rav Kook deals with the question of the seemingly hopeless nature of Tshuva. For G-d Himself knows that He created us with free will, which inevitably means we will sometimes make mistakes and choose wrong. This can easily be frustrating, freezing us into inaction and ye'ush (loss of hope). If one sins even once, does he chalila have no choice but suicide?! Moreover, our Godly conscience demands justice, righteousness and perfection, but we all know this is impossible, so what's the solution? Rav Kook's innovative thinking, strongly based on chazal (our sages), offers an inciteful and important aspect to this topic, especially this time of year!
Sukkot Bug-Free Sukkah: Essential Halachic and Practical Schach Guide
How to inspect, clean, and store bamboo mats and palm branches to protect your mitzvah and holiday meals.
