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Ruling: Payment for hosting: Pl claims that he was asked one summer to oversee vacationers staying in the dormitory and was promised 3,000 NIS. He received 3,000 NIS soon thereafter, but the paystub called it a studies stipend. (Def’s rosh yeshiva (=ry) promised to help pl study towards an MA, because pl had planned to get one quickly, and def asked him to delay it in order to dedicate himself to def.) Def said that the stipend was only if pl would stay a year longer than he did. One administrator (adm1) confirms pl helped with vacationers, and ry admits he promised a stipend but does not know if def’s director approved it, as necessary. Since the paystub mentions the stipend, we can assume that the stipend was approved by def, and since adm1 admits that pl worked with vacationers, pl deserves both. Since the 3,000 NIS was only paid once, pl deserves another 3,000 NIS.
15% salary supplement for running dormitory: Pl says that he deserves this based on the collective bargaining agreement. Def says that the paystubs mention a 5% payment for "supervising the dormitory" and a 10.4% payment for "being on call" (which is the reason there is a supplement for dormitory supervisors). Beit din’s research shows that there are two different incentives – one for general "on-call" duty in counseling roles (12%) and another specifically for supervising a dormitory (15%). Def claimed that the fact that pl was given pay-level 16 should compensate. However, when def agreed to include pl in the collective agreement, that obligates in its elements, whereas level 16 impacts on a wider variety of elements. The two should not be seen as mutually exclusive. Therefore, pl deserves a 27% supplement and has received only 15.4%. Beit din’s expert calculated that this comes to 19,107 NIS.
Def’s claim that pl was overpaid 40,338 NIS – There is no demonstrated connection between pl’s rights to his claim and the claim that he was overpaid. Because the money was given by def without clear conditions, they cannot demand it back even if it were true that they would not have given so much if they knew about pl’s claims (see Pitchei Choshen, Kinyanim 17:(56)). Def admits that he was not involved when the early agreements were made, and therefore there is no way to know what def had considered that pl was deserving.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
725 - A Request for Turkish Protection
726 - Unpaid Worker’s Compensation
727 - P'ninat Mishpat: Compensation for Transfer of Business to One Partner
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Beit Din Eretz Hemda - Gazit
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
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
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: 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: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 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
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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.
