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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 (829)
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
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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 I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 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
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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.
