Yeshiva
Beit Midrash
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- P'ninat Mishpat
Ruling: What caused pl to close the yeshiva : Based on documents and testimonies, it is clear that the main reason for pl’s decision was not primarily the alleged breaches of contract but the educational difficulties. If not for the educational problems, in regard to which there are not strong claims, pl would apparently have continued and dealt separately with the financial disagreements. Since, in order to obligate payment based on reliance on another’s assurance, it is necessary to connect between the actions of the one to be obligated and the damage, we cannot obligate on these grounds
Payments to pl for improving the yeshiva : Testimony indicated that while the yeshiva’s survival was questionable, pl made improvements that made it more viable, and perhaps def should pay for those improvements. However, it is clear that rydf had lost so much money in trying to keep the yeshiva operating, that he was not willing to invest more, even if pl made improvements. This makes it like the Talmudic case of a field not made for planting (see Shulchan Aruch, Choshen Mishpat 375:1). There would then have to be clear benefit from the actions, which appears lacking. Additionally, the Rashba (Shut VI, 111) says that if the recipient of benefit says explicitly that he will not pay for what someone claims to do on his behalf (as def wrote in the agreement), he is exempt from paying for benefit. The Pitchei Teshuva (CM 264:3) does cite the Pri Tevua as saying that when there is clear benefit, warning that one will not pay does not exempt. However, the Pitchei Choshen (Sechirut 8:(64)) says that the Pri Tevua may be talking about a case where he wants the benefit and just does not want to pay or when he requested that the matter be done for free and did not categorically refuse to pay. Therefore, def does not have to pay pl for his efforts on behalf of the yeshiva.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
769 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part III
770 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part IV
771 - P'ninat Mishpat: Rental of an Apartment that Was Not Quite Ready – part I
Load More
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 Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
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 P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
Lessons
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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
