YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Case:
The defendant (=def) had a home, which he expanded so that it became closer to an adjacent quarry, before selling it to the plaintiff (=pl). Pl brought experts who say that the home is now too close to the quarry to live safely and needs major work to be safe, which pl is demanding. Def prefers to void the sale than to pay for professional repairs. He is willing to do the repairs himself.
Ruling: The Ri Migash (Shut 51) says that if an object is sold with a blemish that, after fixing, would be considered like a different object, the sale can be voided¬ against the will of the seller even if he wants to fix it. On one hand, in our case, fixing entails bolstering the existing courtyard wall, which is a major change. However, since it is possible to do things unrelated to the home in order to remove danger, it may not be considered that there is an intrinsic flaw in the home itself.
However, a claim of mekach ta’ut is applicable for a different reason. The gemara (Pesachim 4b) says that the reason that the rental of a house before Pesach that did not have bedikat chametz done is not void is that a person does not mind doing an unexpected bedikat chametz. Some ask that there should be no question of voiding in the first place, just reducing the rental price, because the house itself is not blemished. The Netivot Hamishpat (233:4) answers that a house that is not fit for use, even due to an external factor, is considered as if it has a blemish within it. This is the situation in our case where the house is not livable considering the danger. Based on the Perisha (CM 232:5), who distinguishes between a simple and a complex/expensive fixing job, there are again grounds to void the sale. Yet beit din decided that the sale should not be voided based on the Divrei Malkiel (II, 85), who says that when the buyer does not express interest to void the sale, the seller cannot unilaterally void it.
The Rosh (Shut 96:6) says that when someone sells a house with broken windows or doors there is no bitul mekach, but the seller must take off the cost of repairs from the sales price. It sounds that the seller pays for the fixing but the buyer is the one who has to carry it out. This makes sense if the idea that a damager is responsible to toil to limit the loss is an exception, learned from a special pasuk (see Choshen Mishpat 403:3). It is possible, though, that damages are different, as the idea would have been, if not for the pasuk, to pay, not to restore. In contrast, regarding a sale, the idea is to present the buyer with a useful object, requiring the toil as well to make that possible. This was indeed beit din’s conclusion.
Beit din required def to pay for a professional, supervised team to make repairs to the level required by legally recognized basic standards in order to remove danger
P'ninat Mishpat (825)
Rabbi Yosef Goldberg
19 - Partial Pay for a Worker Who Did Not Complete a Job
20 - Overcharging of the Value of Reputation
21 - Buying a Driving School Car
Load More
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
Harav Avraham Yitzchak Hacohen Kook Weren't Rav Kook's Positions Unique Among Rabbis?
Translated by Hillel Fendel
Rabbis in Midrash
Lessons
fast navigation
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.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
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.