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Ruling: [Last time we saw that pl did not have the right to get a refund from def because of the refund conditions that she agreed to and because she was not prevented from taking part in the trip.]
We do not find that def obligated himself to secure a refund for pl. He acted beyond the call of duty by working to try to return money for def. The initial efforts did not become binding to follow through with returning more than the agreement between the two of them obligated him. Additionally, it is clear from communications between the sides that pl was aware that she was rejecting def’s offer and taking an alternate path that was potentially damaging to pl, which also makes the offer meaningless at this point.
On the other hand, we must analyze how to view the money def received from ss. This is along the lines discussed in the Shulchan Aruch (Choshen Mishpat 183:6) of an agent who bought something on behalf of a buyer and received more than expected from the seller. Here too, the clients, including pl, paid money for services to ss, who, through def’s involvement, returned money that was not required. The Shulchan Aruch rules that if the price was set, the extra is split between the buyer and the agent, and if it is not set, all goes to the buyer. The Rama comments that if the seller explicitly said he gave it because of the agent, the agent receives the extra. Rashi (Ketubot 98b) explains that the reason to split the extra is because we are unsure because of to whom the seller gave it, thus explaining the Rama about the importance of the seller’s statement. The Rif explains that it is split because the agent was able to receive the money only because he had the buyer’s money to spend. So too here, def was able to receive the refund that corresponds to pl’s payment to ss only because of pl’s money, and therefore pl should receive half of it.
Therefore, def must pay pl $1,305.
P'ninat Mishpat (824)
Beit Din Eretz Hemda - Gazit
809 - P'ninat Mishpat: Dividing Returns on Partially Cancelled Trip – part I
810 - P'ninat Mishpat: Dividing Returns on Partially Cancelled Trip – part II
811 - P'ninat Mishpat: Using Car that Was Supposed to be Returned
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payments after a Gradual End of Employment
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based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
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Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
Kuzari -Rabbi Ari Shvat Kuzari class 2
The King of the Kazars, in his search for truth, starts by inviting the philosopher. This is a "crash-course" on Aristotelian philosophy and the reasons why the king is not convinced. Through this dialogue, R. Yehuda HaLevi already foreshadows some of his central ideas that will appear later.
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Although tzni'ut is for men just like women, Rav Kook deals here with the sources in Yishayahu and the Talmud which deals with the special problem of lack of tzni'ut in women's dress and actions, where it's not just a problem of midot and character traits, but also can include practical, social and national ramifications, as well, which caused the destruction of the Beit HaMikdash and exile from Israel. The class continues the previous one (Ayn Aya Shabbat vi, 29), and is a must for all educators and parents of high-school aged and young adults.
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based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
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