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Be’erot Yitzchak)
Case:
The defendant (=def) is a yishuv which hired the plaintiff (=pl) to take care of the lighting and sound systems for an event for 7,500 shekels. Both systems malfunctioned at the event. There are mutual complaints by the sides as to whose equipment and/or mistakes were the crucial factors that caused the problems. Despite sending an expert witness to evaluate the situation, beit din cannot determine who is to blame for which problem, but there were problems in the information that def provided pl that could result in sound problems. Does def have to pay in full for incomplete results?
Ruling: The Shulchan Aruch (CM 333:1) rules that if a worker did not end up doing the work he was hired for because, despite the employer’s best efforts, something arose to make the work unnecessary, the workers do not get paid for work they did not do. On the other hand, he rules (335:2) that if a worker was sent to bring a package and it was not where it was supposed to be, he is paid for his efforts. What is the difference? The Aruch Hashulchan (335:14) says that in the latter case, his main job is going back and forth to point A, which he did, although the purpose of the job was not accomplished. In contrast, in the former case, the main job was the work in the field, not the trip to the field, and in this case the work was not accomplished. The Netivot Hamishpat (ad loc.:2) distinguishes between that which the worker already did as instructed as a worker by time and that which he did not have the opportunity to do. When the gemara says that the work is not paid, it is referring only to that part of the job that he was not able to do. He says (ibid.:3) that even in regard to the part that he toiled but was unsuccessful in completing, if it was due to circumstances that stem from the worker (even if he was not negligent) he is not considered as working as instructed by the employer and does not receive pay. Therefore, only if the problem was due to def’s infrastructure would pl get paid and then only for expenses and toil, not for the desired results which never were met (if the employer was not at fault either).
In this case, regarding the sound system, def was at fault and must pay in full. Regarding the lighting there is doubt as to what happened. In such a case, where there was definite toil and there is doubt as to whether he lost his right to be compensated for it, def has to pay for that effort. Regarding the price of results, since there were incomplete results and only a doubt as to whether def is to blame for it, he does not get paid for the results without proof. Beit din did not hire an expert to figure the exact value sums of each element because that would have cost the parties more than the information would be worth to the parties and, therefore, beit din made rough estimations.
P'ninat Mishpat (825)
Rabbi Yosef Goldberg
5 - Acquisition By Means of Transfer in the Land Registry
6 - Payment to Worker’s for a Flawed Job
7 - Firing a Teacher at Year’s End
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P'ninat Mishpat P'ninat Mishpat: A Used Car with a Tendency Toward Engine Problems
based on appeal ruling 84034 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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.
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The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
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A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
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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.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
