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Ruling: Par. 5f of the 2014 contract states that pl1 and def1 will split the "gross profits (operational profits) … after the completion of obligation to banks." There are two disagreements between the sides on the matter. While both agree that gross profits refers to what is left after expenses, pl1 claims it refers to out of pocket expenses, which does not include salaries, whereas def1 says that salaries must also be subtracted from the profits. Additionally, pl1 argues that "obligations to the banks" means after receiving payments from clients and paying the debts to suppliers. Def1 says it means that there must be surplus money in the bank account. Def1 also claims that the reports filed with the tax authorities (ma’azan bochan) should be used for calculations, and they show a profit of only 9,000 NIS for 2015. Pl1 argues that this is not valid because this includes over 100,000 NIS of company money that def1 drew for household expenses (this is legal in a private company).
Beit din’s understanding is that the profit referred to is after all expenses, including salary. If the profits are divided equally between the parties before considering salaries, from where will the salaries be paid?! Pl1’s explanation of "obligations to the bank" has no specific connection to banks. Def1’s explanation is logical, as it makes sense to make sure that there are no debts, from the past or the present, before handing out profits. Even if we consider these phrases in the contract as unclear, pl1 will not be able to receive the profits he is seeking, because the rule is that the one who wants to use a document to extract money needs to prove that the payment is subscribed to in the contract (Shulchan Aruch, Choshen Mishpat 42:5).
Def1 was able to prove that 2015 ended with def2 in debt of 130,000 NIS. We need to add to that due to our decision (see last week) that def2 owes pl1 42,000 NIS for 2015 salary. On the other hand, pl1 owes def2 25,000 NIS. In total, def2 is in debt almost 150,000 NIS. Although it appears that def1 did use some 103,000 NIS on household expenses, that still leaves def2 in the red. Therefore, pl1 does not have a claim on profit distribution for 2015.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
673 - Aftermath of a Complex Partnership – part I
674 - Aftermath of a Complex Partnership – part II
675 - Aftermath of a Complex Partnership – part III
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Beit Din Eretz Hemda - Gazit
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 Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 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: Return of Down Payment Due to War – part II
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
