Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
There is also a machloket regarding the Shulchan Aruch’s approach to the matter. The Shach (306:12) cites the Maharam as saying that only in the case of an inexperienced advisor does the Rif say that the reliance must be spelled out, whereas an expert should have understood he was being relied upon. While the Netivot Hamishpat (ad loc. 12) finds this logical, the Shach was bothered because the expert is always less culpable than the non-expert. Regarding the person who advised lending money to an irresponsible borrower, the Rama does not mention the need for spelling out reliance, but it might be talking about a case where that dependence can be ascertained (Shach).
We have seen so far that whether the advisor was a novice in the field or was an expert who got paid and gave bad advice, he would have to pay. In the case of the Heftzibah investments, let us take as examples, cases where the advisors were rabbis. Rabbis are for the most part novices regarding financial matters, and thus would seem to be liable even though they gave advice for free. However, a beit din who would judge such a suit would have to determine on a case by case basis whether it was made clear that the homeowner was relying on the rabbi’s advice. The likelihood of obligation would be higher in segments of society where the rebbe’s advice is usually accepted in a close to absolute manner [ed. note - one would imagine that the likelihood of a suit regarding such a relationship is remote.]. According to the aforementioned Maharam, in regard to relying on the advice, the novice rabbi would be like an expert regarding the lack of a need to clarify dependence. In a case where the advisor was involved in the promotion of the project, the Aruch Hashulchan (CM 129:3) says that he would be obligated even without stipulation of dependence.
These halachot teach us to what extent one upon whom people rely has to be careful before giving advice. As the mishna says: "Avtalyon says: Wise men, be careful in your words, lest you have to go to exile and you will be exiled to a place with bad water, and the students who follow you will drink the water and die, which would cause the name of Heaven to be defamed" (Avot 1:11).
P'ninat Mishpat (801)
Various Rabbis
137 - Interrogation of Witnesses
138 - Culpability for Bad Financial Advice
139 - Laws of Witnesses
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P'ninat Mishpat: A Used Car with a Tendency for Engine Problems
based on ruling 84034 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Iyar 5784
P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Kislev 5786
P'ninat Mishpat: Using Car that Was Supposed to be Returned
based on ruling 84065 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Av 5785
P'ninat Mishpat:Amounts and Conditions of Payment to an Architect – part I
based on ruling 83061 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Iyar 5784
Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Good and Evil Depend on the Actions
5777 Tammuz 22
Emotional Sensitivity to Distress
Tammuz 9 5777
Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
Av 5785
