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Beit Midrash
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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 (826)
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
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 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 P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part I
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
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!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.