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Shabbat Parashat Vayeishev 5782

Vayeishev | 23 Kislev 5782 | 11/27/2021




P'ninat Mishpat: Judging Someone who Refuses to Appear before Court

The plaintiff (=pl) claims that he bought a property from the defendants (=def), four brothers who inherited it. Def were supposed to have taken the steps necessary (somewhat more complicated than regarding most properties) to transfer ownership, but they failed to do so, even though a few years have gone by. The contract between them has an arbitration clause, which sets Eretz Hemdah as the place of adjudication and states that it will be done according to Torah law. Beit din sent the claim sheet to def, according to their official addresses. A person called beit din, identifying himself as one of def and asked for certain materials related to the case. Subsequently, none of def responded to beit dins calls. Beit din set a time for a hearing and informed the sides by letter and tried to get hold of def. A final letter informed the sides that if necessary, a hearing would be held even if only one side came. A courier said that this letter was accepted at defs main address by a woman who gave her first name. Some of the secretarys calls were answered by defs daughter and another, by his wife. They were requested to tell him to contact beit din. On the day of the hearing, one of def called. He claimed that he did not receive beit dins notices and that he was not going to take part because he was unaware of the contracts arbitration clause. Pl came to the hearing; none of def came. Pl requested a ruling in abstentia plus expenses.


Dedication

We daven for a complete and speedy refuah for:

Nir Rephael ben Rachel Bracha
Yisrael ben Rivka

Rivka Reena bat Gruna Natna

Arye Yitzchak ben Geula Miriam

Neta bat Malka

Meira bat Esther

Together with all cholei Yisrael

Hemdat Yamim is dedicated

to the memory of:

Those who fell in wars

for our homeland

 

Rav Shlomo Merzel z”l
Iyar 10, 5771


Rav
Reuven & Chaya Leah Aberman z"l
Tishrei 9
,5776 / Tishrei 20, 5782

 

Mr. Shmuel & Esther Shemesh z"l

Sivan 17 / Av 20

 

Mr. Moshe Wasserzug z"l

Tishrei 20 ,5781

 

R' Eliyahu Carmel z"l

Rav Carmel's father

Iyar 8 ,5776

 

Mrs. Sara Wengrowsky

bat RMoshe Zev a”h.

Tamuz 10 ,5774

 

Rav Asher & Susan Wasserteil z"l
Kislev 9 / Elul 5780

RMeir ben

Yechezkel Shraga Brachfeld z"l

&

Mrs. Sara Brachfeld z"l

Tevet 16 ,5780

 

RYaakov ben Abraham & Aisha

and

Chana bat Yaish & Simcha

Sebbag, z"l

 

Rav Yisrael Rozen z"l
Cheshvan 13, 5778

 

Rav Benzion Grossman z"l
Tamuz 23, 5777

 

R' Abraham Klein z"l

Iyar 18 ,5779

&

Mrs. Gita Klein z"l

Av 4

 

Rav Moshe Zvi (Milton) Polin z"l
Tammuz 19, 5778

 

R' Yitzchak Zev Tarshansky z"l

Adar 28, 5781

 

Hemdat Yamim
is endowed by Les z"l  & Ethel Sutker
of Chicago, Illinois
in loving memory of
Max and Mary Sutker
& Louis and Lillian Klein z”l

Hemdat Yamim

A weekly divrei Torah leaflet: A Glimpse at the Parasha, Ask the Rabbi, From the writings of Harav Avraham Yitzchak Hakohen Kook, ztl, Pninat Mishpat (Jewish Monetary Law).

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