Question:
1. We informed the Seminary in Israel that our Daughter Would NOT be going to there Seminary on 10 Av, 5784.
2. We heard that the Seminary in Israel would not open on 18 Av, 5784.
3. Are we not Halachically entitled to a refund of our $4,000 Tuition Money paid so far?
The is the refuns clause on the Seminary Tuition Contract
Refund of all monies, less payment of deposit paid by or for applicant for participation in the Seminary, shall be made upon withdrawal from the Seminary only in the event that notice of withdrawal is given to the Seminary in writing at least six weeks prior to the start of the term. If for any reason the student or her parents choose to leave the school, or the administration deems it appropriate to ask the student to leave, whether due to failure of compliance with school rules or exhibition of inappropriate behavior, full tuition will be due and there will be no entitlement to a reimbursement of funds.
The Agreement validation is as follows:
The parties hereby admit and confess that this agreement was affected and finalized concurrently herewith
according to Jewish law by formal kinyan agav sudar, and were stated and intended to be effective immediately (at the time of the kinyan), all in full accordance with all requisite procedures set out in the code of Jewish law (the
“code”) and with use of an object valid to affect a kinyan sudar. The kinyan was made in a duly constituted Jewish court of law (bais din chashuv) in accordance with each of the varying procedures required by all of the various
Jewish halachic authorities, so that all Jewish halachic authorities deem the covenants, waivers, and acquisitions valid, without any asmachta (as defined in the code) claim of invalidation and without any other claim of
invalidation. In addition, the conditions referred to in this agreement are and were all set in the manner used by bnei gad and bnei reuven and in accordance with all other requirements that are set out in the code for the valid and binding setting of conditions. The parties accept as conclusive and binding the position of any Jewish halachic authority, even if in the minority or otherwise not generally accepted, that most broadly supports the validity and enforceability of this agreement and its implied intent.
The parties admit that although this agreement was drafted using standard legal terminology, the intent and interpretation of this agreement is in a manner consistent with the requirements of halacha, and the transactions
were affected in a manner that do not constitute a kinyan dvorim or ayn bo mamash. Specifically, all obligations were accepted as a hischayvus, and the parties became a kablan in regards to any required acts. All this was
affected with a valid kinyan.
Answer:
Hello,
From what you are writing, since the seminary is not opening, it would seem that the contract was a mekach taus, as they didn’t open. However as with any din torah, it is not possible to give a definite answer until a dayan hears both sides of the story. (i.e. Is it possible that they closed, because you, and others backed out?)
Best wishes
