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Ruling: Pl was a kablan, a worker paid for the job, regardless of time invested. If a kablan stops working in the midst of the job, he receives the smaller of: 1) the prorated amount for the work done; 2) the pay for the whole job minus replacement cost (Shulchan Aruch, Choshen Mishpat 333:3-4). Here, the latter would leave pl with much less than he claims. However, if the employer broke the agreement without due cause, he must pay the higher of the two amounts (Rama ad loc.).
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
747 - Paying Damages for a Biting Dog
748 - Fee for a Fired Toein Rabbani – part I
749 - Fee for a Fired Toein Rabbani – part II
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1) Pl refused to appeal the ruling to modify the custody arrangement. Def’s response – I did not refuse, just told her she needed to give due cause for an appeal. I was fired when there was still time to appeal. Decision – Since appeal on such a small adjustment seems untenable, and the new lawyer did not appeal, we reject the claim. 2) Pl was passive in the second hearing. Response – The panel warned that the lawyers would be removed if they spoke instead of the litigants. Decision – Examination of the proceedings’ minutes showed pl spoke as much as the other lawyer. Nothing seems out of line. Claim rejected. 3) Pl did not hire an actuary to check the husband’s financial claims. Response – Having a client pay for an actuary is worthwhile only when serious problems arise, which had not happened as of the firing. Ruling – No proof of negligence. 4) Def was not awarded child support; Response – Child support was set to be determined later, and could be retroactive. In the meantime, def received full government child allocation. Ruling – People can disagree about pl’s achievement, but there is no sign of negligence.
In summary, we find insufficient grounds for the firing.
We continue next time to determine how much pay pl deserves.
Beit Din Eretz Hemda - Gazit
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 II
(based on ruling 83045 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 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: Late and Flawed Apartment
based on ruling 82174 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: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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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.
