Yeshiva Beit Midrash
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
The Torah study is dedicatedin the memory of
Chana bat Chaim
In general, one needs to pay for benefit that another provided for him without his permission, with there being differences as to how to calculate the payment depending on whether the improvement was done to property that is usually slated for such activity (Bava Metzia 101a). This applies not only if there were physical additions made to the property but even if just a service was provided to increase the value. As the Rama (Choshen Mishpat 264:4) explains, we do not say that the service provider should be deemed as helping his friend for free.
If the potential beneficiary did not benefit, even if most people would, he is exempt. One way to determine that is if he said in advance that he does not want the work done (Rama, ibid.). The question remains in a case where he clearly has benefited but he informed the provider in advance that he is not willing to pay for it.
P'ninat Mishpat (835)
Various Rabbis
135 - Steps of the Child of a Woman Who Returned to the Faith
136 - A Benefit Provided Despite the Recipient’s Protest
137 - Damages Done by a Worker
Load More
However, there is proof against the Pri Tevu’ah from the Ramban and Ramah (Bava Batra 4b). Apparently when one protests the work being done, it becomes forbidden to handle the other’s property against his will, and, therefore, he cannot gain from disregarding the owner by receiving payment. The Emunat Yisrael (36) adds another reason: when there is protest, we assume the provider realizes he is acting for free, even if he gives lip service to his demand to be paid. Only in a case where the recipient takes part in the work done does he have to pay despite his original protest.
Thus, the landlord does not have to reimburse the renter for painting expenses.

P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Lessons
fast navigation

Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.

P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts


















