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Ruling: While def never signed the contract obligating themselves to pay even if they take their son out, prn sent the mother a WhatsApp asking if they were sending their son and had just not gotten around to signing the contract, and she responded positively. Whether they saw the contract, as prn claims, or were just aware there was one (see Aruch Hashulchan, Choshen Mishpat 45:5), their agreeing to send their son is an acceptance of the established terms. Normally, one needs to pay his son’s educator until year’s end. Although def claim the minhag is that if the child stops going to the educator/school, the parents can stop paying, the fact that pl demonstrated that the situation in this small school is different would make such a minhag, if it exists, irrelevant to this case.
Beit din rejects the claim of mechila by prn. Beit din accepts prn’s testimony that his authority is only in the educational realm, not the financial. Therefore, he could do no more than recommend to pl to relieve def of payment. (Def admitted to not knowing if prn had authority.)
The main question is whether def had grounds to decide that their son could not continue at the school. While beit din understands that pl and/or the school made mistakes in dealing with the disciplinary matter, there was no proof or strong claim of grievous actions. Prn spoke to classmates about the violence that occurred, but most of the students witnessed the event, and even according to def’s description, prn was correct to urge avoiding violence. In addition, there is no evidence that def’s son would have found a hostile environment at the school. Since def also made mistakes in dealing with the situation and did not return their son on a trial basis, they did not demonstrate that their dissatisfaction with the school reached the level that the school broke its contractual obligation.
Therefore, def must pay the remaining tuition. However, since the sides agreed to not exhaust the testimonies, def can reduce payment by 500 NIS as a compromise to reflect the small chance further testimony would have vindicated them. Because pl essentially was correct in its claim, def’s counterclaims are not feasible.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
835 - P'ninat Mishpat: Undoing a Problematic Partnership – part III
836 - P'ninat Mishpat: Tuition Payment after Withdrawing Student
837 - P'ninat Mishpat: To Whom Do the Payments Go? – part I
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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)
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 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: Sharing in Plumbing Expenses – part I
based on ruling 85013 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
Lessons
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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.
