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The plaintiff (=pl) ran a private nursery in a yishuv (=def). Pl had a worker (=#3) who also ran a crafts club on the yishuv. #3 suggested to pl to order supplies based on a budget def promised for her club’s supplies, with remaining funds going to her club. Pl acquired supplies, two thirds of which went for the nursery. Pl wants def to reimburse her as #3 promised, saying that she wouldn’t have bought the extra supplies from her own funds. Def responds that #3 was not authorized to share her budget. However, since there were good intentions, def agreed to pay for two thirds of the promised budget, with pl and #3 carrying the other third. After paying its share and pl’s refusal to pay the other third, def now wants to recover the two thirds.
Ruling: Pl’s use of the supplies without realizing its significant is parallel to the following case (Ketubot 34b). A man borrowed a cow and died, and his inheritors, who thought they received it from their father, ate it. They were required to pay the value of cheap meat. The Rashba (III, 96) says that this is two thirds of meat’s normal price. The K’tzot Hachoshen (246:2) learns from here that when one receives benefit from another’s property, even unwillfully, he must pay for it. Therefore, even if pl bought the supplies only because of the prospect of reimbursement, she still has to pay partially for using them - 2/3 (rate) * 2/3 (material used).
Pl says that any payment levied on her should be transferred to #3, who misled her. This is similar to the discussion of one who accepted a certain currency based on bad advice from a moneychanger. The advisor is exempt if the advice was given by an expert for free (Shulchan Aruch, CM 306:6) or if it is not evident that the advisee relied upon him. The Rosh (BK 9:13) says that the moneychanger is exempt if the advisee had the opportunity to ask someone else also. The Maharshal and Shach (306:12) concur, but the Shiltei Giborim cites a machloket. In our case, pl should have asked def’s secretariat if she could expect reimbursement, and, therefore, her claims against #3 depend on that machloket. Furthermore, #3 acted with good intentions, and according to the opinion that one who causes semi-direct damages (garmi) has to pay as a penalty, this is only for intentional damage (Shach, CM 386:1). Based on these doubts, pl cannot extract money from #3.
Regarding def’s withdrawal from its voluntary payment, they cannot recover their money. The Mayim Amukim (II, 63) rules that a community that relinquishes rights in a thought-out manner may not back out even if their decision was based on an incorrect assessment. In this case, even if def agreed only because they thought pl would accept the settlement, they must keep their commitment. Pl, though, must pay the suppliers the other third.
P'ninat Mishpat (829)
Various Rabbis
82 - Mistaken Public Mechila
83 - The Validity Representatives of the Public
84 - Overpricing as a Reason to Nullify a Sale
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P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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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
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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.
