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Ruling: The signing of an arbitration agreement is considered a kinyan to obligate oneself in the jurisdiction and practices of the beit din. Although in this case, def signed only electronically, this is binding based on kinyan situmta (a society’s accepted practices for agreements – Shulchan Aruch, Choshen Mishpat 201:1). Par. 11 of our arbitration agreement states that if a side is improperly absent at the hearing, beit din is authorized to rule based on what the other side said in his absence. In such cases, our beit din follows the Law of Arbitration, par. 15b, which states that the other side has thirty days after the ruling to respond, along with explaining why he did not respond earlier.
Regarding the evidence, in the several Whatsapps about the missing payment, def never questioned his obligation to pay. Rather, in some messages he said he was about to pay, and in others he asked for payment plans and/or apologized. In our experience, litigants almost never claim that electronic messages are forged, and it is something that can be checked.
In a case where one comes to beit din and refuses to speak, the Shulchan Aruch (CM 15:4) says that if beit din feels that the lack of response is deceptive, it can obligate him. The Tumim (80, Urim 9) says that one who comes to beit din and does not respond can be seen as one who admits to the other’s claim because he cannot claim that he did not yet have time to formulate a response. While def was not silent in front of beit din, his lack of response when he was repeatedly warned that beit din would rule if he did not come can be seen as equivalent. Based on all the above, beit din required def to pay the full 3,850 NIS claim.
Pl asked for legal expenses from pl including for missing the hearing, for which beit din is authorized to charge. Because def did not cooperate with the process, he has to pay pl the full beit din fee of 400 NIS, but we will not charge for the missed Zoom hearing, as we do not have strong indications that it caused a loss to pl.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
763 - P'ninat Mishpat: Questions of Changing Work Orders
764 - P'ninat Mishpat: Unpaid Fees of a No-Show to Beit Din
765 - P'ninat Mishpat: Used Car with a Faulty Motor
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 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
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
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 P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 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
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.
