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The plaintiff (=pl) stopped renovating his home due to dissatisfaction with his contractor. The defendant (=def) introduced pl to Reuven (=Reu), whom he recommended to finish the job. Reu gave an estimate of 90,000 shekels; he ended up charging 124,000 shekels. Pl sued Reu in beit din for overcharging, but Reu won. Now, pl is suing def in a different beit din for giving damaging advice. He adds that def indicated he would negotiate Reu down from the 90,000 shekels. Not only did he not do that, but the price became even higher because pl relied on def to handle the issues. Def responded that the first beit din already rejected the claim of overpricing. He denies promising to handle monetary issues and admits only to recommending and introducing.
Ruling: The gemara (Bava Batra 138b) says that beit din does not look into a matter that another beit din ruled on (see S’ma 19:2). However, since the first case was between pl and Reu and this one is between pl and def, it is not the problematic rehashing of the same claim. Also, the Chatam Sofer (Likutim 50) says that when the second beit din knows the basis of the first beit din’s ruling and disagrees, they can follow their own understanding. After receiving the reports of appraisers and interviewing Reu and other professionals, beit din concluded that even the estimate was exaggerated, not to mention the final price. On the other hand, pl knew that and did not argue with Reu. Although he hoped that def would lower Reu’s price, he did not say anything to Reu.
The Rama (Choshen Mishpat 129:2) says that if Levi falsely tells Yehuda that Shimon is safe to loan money to, which he then did and did not recover the money, Levi must pay because it is as if he became a cosigner. Similarly, the Rama (CM 14:5) says, regarding one who told his friend to go somewhere because the former would follow and he did not, that he has to pay expenses. The Gra (14:31) explains the latter halacha is based on garmi (payment for semi-direct damage). The Netivot Hamishpat (232:2) says that it is an implied self-obligation, along the lines of a cosigner.
One of the differences between the explanations is that garmi requires negligence, whereas a cosigner can be obligated by an honest mistake. In this case, the recommendation of Reu, a respectable professional, was not negligent. Regarding the price charged, if def said that he would see to the matter, there would be grounds to obligate him. On one hand, def denies this. On the other hand, from his response to questioning in beit din, it is unclear whether he accepted responsibility. Beit din cannot obligate him to pay, but there is room for pl to have taromet (grievances) against def, and it is proper for def to monetarily appease pl until he forgives the damage he was caused.
P'ninat Mishpat (829)
Various Rabbis
93 - A Sale with out a Signed Agreement
94 - Responsibility for Giving Advice
95 - Damage Payment for One Who Hit Another
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P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 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
Rabbis in Midrash
Lessons
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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
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.
