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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 (835)
Beit Din Eretz Hemda - Gazit
761 - P'ninat Mishpat: Questions of Changing Work Orders
762 - P'ninat Mishpat: Unpaid Fees of a No-Show to Beit Din
763 - P'ninat Mishpat: Used Car with a Faulty Motor
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Beit Din Eretz Hemda - Gazit
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 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 Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
