YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: The first question is whether pl deserves a full refund because she did not get to go on the trip for understandable reasons. At first glance, since pl signed an agreement with refund conditions, she should be bound by them and receive no refund. However, we must consider whether that obligation is binding regarding the unexpected extenuating circumstance of war.
In general, if that which prevented the carrying out of an agreement came from both sides, the worker (here, def) does not receive pay, but if the employer could have avoided it (here, pl), she does pay. If a widespread problem prevented fulfillment from both sides, the Rama (Choshen Mishpat 321:1) rules that the promised payment is made. This seems to contradict the Rama’s ruling that when neither are to blame the worker does not get paid (ibid. 334:1). The Aruch Hashulchan (CM 334:10) uses the following distinction to reconcile the sources. If the worker is ready to do the work, but situations make it unfeasible for the employer to benefit, the worker deserves pay, whereas if the worker is also not able to do the work, he does not. In this case, def provided the service for whoever wanted, and therefore would be able to keep the pay. Although some argue on the Aruch Hashulchan, def would be able to hold on to the money in a case of a doubt.
In any case, there are other reasons pl cannot demand a refund. The main one is that pl, who lived in America, was not prevented from taking the trip, which did go on. While we appreciate her reasons not to, this is not reason that def should lose on his investment of resources into the trip. He protected himself from such loss with the refund conditions and recommended to his clients to protect themselves with travel insurance. Therefore, def’s efforts to obtain a partial refund for pl were beyond the letter of the law.
We continue next time with other elements of the ruling.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
807 - P'ninat Mishpat: Reducing Amount Owed Due to Interest Taken
808 - P'ninat Mishpat: Dividing Returns on Partially Cancelled Trip – part I
809 - P'ninat Mishpat: Dividing Returns on Partially Cancelled Trip – part II
Load More
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
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
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: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
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)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
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)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
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.
