YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
The plaintiff (=pl) worked as a gardener for the defendant (=def). He was originally supposed to do a certain set of tasks for 30,000 shekels, for which he was given five checks (dated for different times) of 6,000 shekels. Later it was decided that he would carry out fewer jobs and receive 23,800 shekels. Pl cashed three checks and received 2,000 shekels in cash (a total of 20,000 shekels). Pl claims that he returned two checks for a total of 12,000 shekels, much of which was to be given to him as he finished certain jobs that def felt were incomplete. He claims that even after several requests, def did not provide lists of things to be fixed. He also claims that he did additional services for which he was yet to be paid, which he wants along with the outstanding 3,800 shekels. Def responds that he has no problems with the work that was done, but that the returning of the checks (after all the work was done) is evidence that pl was mochel (relinquished rights to) the outstanding pay for the original and additional work.
Ruling : The Shulchan Aruch (CM 12:8) rules that mechilla does not require a kinyan in order to be binding. The K’tzot Hachoshen (12:1) discusses whether the mechilla has to be explicit and sides with the Maharit that if the circumstances are such that it is clear to all that there was implicit mechilla, it is binding.
Regarding pay for the additional work done, there was effective mechilla for two reasons: 1) When the sides agreed to the revised price of 23,800 shekels it implied that this would represent full payment for any related work pl would perform unless there would be agreement on further pay. [Ed. note- one could take issue with this line of reasoning.] 2) When, after the additional work was completed, pl returned the two checks pending payment of the balance for fixing up the job, it was clear that he would not be demanding more than 23,800 shekels. Pl did not succeed in explaining why he returned a second check, as one check would have brought the amount to 24,000 shekels. Apparently, then, he had intended that the total pay would be less than 24,000 shekels and was mochel on his right for pay for the additional work.
The mechilla was done at a time when relations between pl and def were good; they have since soured. One cannot subsequently demand money that was waived out of good feelings because mechilla, when done, is a permanent act, not a conditional one (see Shoel V’nishal II, CM 15).
It is not clear that, regarding the work that was already done, there was mechilla, as pl’s claim that he agreed to suspend receiving payment until he fixed matters regarding the previous work is plausible. A possibility of mechilla does not excuse one who was originally obligated from payment. Therefore, def must pay pl 3,800 shekels.
P'ninat Mishpat (829)
Various Rabbis
70 - Paying an Agent For a Deal That Did Not Go Through
71 - Signs of Mechilla (Relinquishing of Rights)
72 - Determining Whether a Transfer is a Gift or a Loan
Load More
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
