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Ruling: Withholding potential donors’ names : Indeed, def did not provide all of the lists they committed to in the contract, but we must see if that breach is grounds to nullify the whole agreement. Pl admitted in beit din that the time to use a list of potential donors had not yet come when the yeshiva closed. Thus, there was no damage, and, as witnesses corroborated, it is likely that had the partnership developed healthily, def would have shared the information. Furthermore, the Ba’er Heitev (Choshen Mishpat 176:38) seems to cite two opinions on whether when one side to a partnership violates a provision of their agreement, the agreement becomes null (Lechem Rav 119), or not but that one side should take the other to beit din to enforce the provision (Mabit I:151). The Ba’er Heitev suggests that there is no disagreement and that it depends on the specific case. Distinctions can be whether the provision is on a primary or secondary matter, or whether the breach was one-time or ongoing. Based on the above, this breach did not nullify the agreement.
Payments to school and shul : The contract states that parts of the campus belong to others, with whom pl can agree to rent or not. Pl claims that they did not know that some of these areas are used by the yeshiva on a regular basis. Def said that they informed pl. Since the simple reading of the contract is that all areas that only the yeshiva used belong to def and the contract does not specify, the burden of proof is on def to prove they clearly informed pl. Therefore, this matter is not considered a breach of contract.
Speaking against pl: A meeting between def’s administration and student representatives took place at the end of July. According to pl, rydf incited the students against pl. Pl brought a student to testify. Def’s lawyer clearly hinted to the student before he testified that he should be afraid about his testimony. The student ended up saying that pl was discussed at the meeting, but "nothing too severe was said." While we can infer that negative things were said, we do not have proof of anything that would be a breach of contract. (Def was fined for their lawyer’s immoral attempt to intimidate the young witness.)
We will complete the treatment of this din Torah next time.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
777 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part II
778 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part III
779 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part IV
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Beit Din Eretz Hemda - Gazit
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 A Commercial Rental for a Closed Business – part II
based on ruling 80047 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: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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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)
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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)
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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.
P'ninat Mishpat 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)
