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Shabbat Parashat Teruma 5778

Terumah | 2 Adar 5778 | 17/02/2018




P'ninat Mishpat: Policy Change to Pay Settlement Tax

The defendant (=def) has lived in a yishuv for years, originally with his family. A few years ago, he was divorced but continued living in the yishuv as a boarder, and he was not required to pay a yishuv tax. In September 2013, the yishuv board (=pl) voted to make people in def’s situation pay the tax. After not receiving payment from def for a few months, pl hand-delivered a letter threatening legal action if def did not pay. In May, pl summoned def to our beit din. Def sent a letter to beit din complaining about the change in policy, the impersonal way it was carried out, and the fact that the yishuv had not given him his own mailbox (which explains why he did not get pl’s earlier letters). Def did not sign an arbitration agreement or promise to submit to beit din, nor did pl receive beit din’s permission to seek payment through the court system (their agreement had an arbitration provision to come to beit din). Pl went straight to hotza’ah lapoal (court collection services) to extract payment with the claim that def’s tax obligation is a straightforward obligation, and def did not legally fight that action. Pl extracted 4,371 shekels from def, and hotza’ah lapoal charged him an extra 2,250 shekels for the process. As of the time of the din Torah, the amount def still owed, according to pl, was 9,770 shekels. Def argues that since the family that includes his children, which he helps support, is taxed, it is wrong to tax him as a separate family unit. He claims to never have refused to come to beit din, just that he demanded that beit din ensure he receive a mail box before he would come. Also, members of pl agreed to a reduction in the tax, so pl cannot now demand full payment.


Dedication

We daven for a complete and speedy refuah for:

Rivka Reena bat Gruna Natna

David Chaim ben Rassa

Lillian bat Fortune

Yafa bat Rachel Yente

Eliezer Yosef ben Chana Liba

Yehoshafat Yecheskel ben Milka

Ro'i Moshe Elchanan ben Gina Devra

Together with all cholei Yisrael

 

Hemdat Yamim is dedicated

to the memory of:

those who fell in wars

for our homeland

Eretz Hemdah's beloved friends

and Members of

Eretz Hemdah's Amutah

Rav Shlomo Merzel z”l
Iyar   10

Rav Reuven Aberman z"l

Tishrei 9 5776


Mr. Shmuel Shemesh  z"l
Sivan 17 5774

R' Eliyahu Carmel z"l 

Rav Carmel's father

Iyar 8 5776


Mrs. Sara Wengrowsky

bat R’ Moshe Zev a”h.

   Tamuz 10   5774


Rav Asher Wasserteil z"l

Kislev 9 5769

R' Meir ben

Yechezkel Shraga Brachfeld z"l


R ' Yaakov ben Abraham & Aisha

and

Chana bat Yaish & Simcha

Sebbag, z"l


Rav Yisrael Rozen z"l
Cheshvan 13, 5778

 

Gershon (George) ben

Chayim HaCohen Kaplan
Adar II 6

 Rav Benzion Grossman z"l
Tamuz 23 5777

Hemdat Yamim
is endowed by Les & Ethel Sutker
of Chicago, Illinois
in loving memory of
Max and Mary Sutker
and
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, zt”l, Pninat Mishpat (Jewish Monetary Law).

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