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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 (829)
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 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 Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 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 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: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 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
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part I
based on ruling 84044 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
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.
