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Ruling: Last time we saw that pl’s reading of the contract is correct and that the basic employment agreement continued until explicitly changed.
The contract speaks of def paying monthly after receiving a time-specific bill. While this places an obligation of payment on def, it also puts an expectation of reporting monthly on pl. Had pl reported on time, def would have been more likely to either force a change in setting payment or an ending of the employment earlier. Therefore, def deserves, if only based on propriety and as compromise that is close to the law, to have a certain reduction. This reduction will be applied only from the time the first post-ten-hour specified bill was expected and up to but not including the point that def expressed unhappiness but continued pl’s work at a slow pace. The reduction will be of 15% of the fee due during the appropriate times.
Beit din rejects the disqualifying of the level of fee due to overpricing. According to Halacha, one cannot demand a return on overpricing for workers (Shulchan Aruch, Choshen Mishpat 227:33). Many of those who accept applying the law of the land, do so only in regard to actual laws, not rulings, and certainly not of lower-court rulings, as is the case here. Even in the cases in which the courts reduced the fee, it was for higher fees than this, especially when they took a percentage of the court award. Charging a fee per hour is reasonable. While def found someone cheaper, professionals are entitled to charge higher than average fees if they believe they provide a better service.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
703 - Limiting Exorbitant Lawyer’s Fees – part I
704 - Limiting Exorbitant Lawyer’s Fees – part II
705 - Unpaid Rent during Corona
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 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 A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 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: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
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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
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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 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.
