A lawsuit has been filed against Yeshivat Porat Yosef in the Jerusalem District Court, alleging the yeshiva took an apartment from an elderly couple based on unfulfilled promises. The lawsuit states the yeshiva committed to provide free burial for the owner, arrange for a tombstone and the reciting of Kaddish annually, yet the terms of the agreement were not met.

Attorney Guy Beit Ohn, representing the only inheritor of the property told the court that the yeshiva signed and agreement with the owner, the uncle of his client, back in 1987 by which the yeshiva would arrange for the burial of the couple and in return, the yeshiva would receive the property.

The yeshiva was to have purchased burial plots for the couple when the deal was signed some 25 years ago. The plaintiff told the court the yeshiva did not fulfill its part of the agreement and when the husband was niftar, the yeshiva hid the agreement from the widow. After his petira she filed to have the apartment placed in her name and only then did she learn of the agreement stating the apartment was to be left to the yeshiva.

The couple was frum but unfortunately never merited bringing children into the world. They decided that if the yeshiva would tend to their kvura and recitation of Kaddish every year, they would donate their apartment in return. Attorney Beit Ohn explained to the court that the husband was niftar in 2000 and the yeshiva did nothing. The almana began her fight then and it continued until her petira. The yeshiva insists it is now the owner and she has been unsuccessful in getting her name on the deed after his petira.

Justice Drora Pilpel accepted the woman’s claim and ordered the yeshiva to transfer half of the apartment to the inheritor, the nephew, by the virtue of the presumption of partnership.

Beit Ohn explained that despite the decision, the yeshiva has refused to comply. When the elderly woman moved to a nursing facility the apartment was rented. She remained there until she died. Then the money began being transferred to the nephew, the sole survivor, also a frum person.

Beit Ohn explains that after his aunt died the nephew received a letter from the yeshiva demanding the rental funds. He refused to give the money earned from renting the home to the yeshiva since he feels the yeshiva never complied with its part of the agreement and he views the agreement null and void as a result.

The yeshiva filed suit against the nephew in 2010 in the Jerusalem Magistrate’s Court. It was seeking the court’s intervention to compel the nephew to reveal the sum of the rental agreement and to hand the money over.

The nephew moved the case to the district court, and the latter accepted the lower court’s decision for the nephew to hand over receipts to the yeshiva, but fell short of stating the yeshiva is entitled to the actual money, just accountability at this point.

Attorney Beit Ohn explains that the yeshiva simply failed to comply with its own contractual obligations and did not purchase a kever when the husband was niftar in 2000, did not purchase a tombstone, and did not arrange for someone to recite Kaddish. The same holds true regarding the wife. He adds that the husband never really viewed the paper as a binding document since he later purchased plots for himself and his wife for 18,000 NIS. This purchase was made years after signing the agreement.

In the hearing last month, the court ordered the sides to sit and discuss the agreement put forward by the nephew, stating he will turn over his portion to the yeshiva on condition the yeshiva grants an 18-year lease to a couple to enable to bring at least 10 children into the world. He wants this arrangement since his aunt and uncle were not able to bring children into the world and he feels permitting such a couple to rent the apartment long term would bring simcha to their neshamas.

If the yeshiva rejects the proposed compromise, the nephew will continue his battle for total ownership.

(YWN – Israel Desk, Jerusalem)