Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: Pl cannot demand compensation for the fact that def is responsible for pl’s having to return 3,000 shekels to his buyer. That is not direct enough damage and is actually not damage at all since the correct price for pl to have sold it is minus the 3,000 shekel. Rather the question is whether pl can demand back for what he overpaid.
At first glance, pl’s claim of overpricing is invalid, as overpricing by less than a sixth of the price is not claimable, as it is a forgivable inaccuracy (Shulchan Aruch, Choshen Mishpat 227:2). However this case differs from the classic case of mispricing, which involves the incorrect appraisal of a known entity, whereas our case involves misrepresentation of the sales object. A concealed flaw in the object is grounds to nullify the sale (see Shulchan Aruch, CM 232:3) if it is common for society to view it as a sufficient deficiency to justify such a determination (ibid.:6). Not only is it unclear that our case meets that criterion, but pl is not interested in nullifying the sale.
However, there is precedent for demanding a price reduction. The Rama (CM 233:1) says that if a buyer receives a lower quality meat than he ordered, he can demand return of the price differential. The source is the Terumat Hadeshen, based on his understanding of a gemara (Beitza 7a) that if one asked for fertilized eggs and received eggs that were unfertilized, even if he did not plan to raise chicks, he can demand a discount. The Veshav Hakohen (64) infers from the Terumat Hadeshen that one is entitled to the reduction even if the price difference is less than a sixth. The logic appears to be based on the principle in Kiddushin 42b that the laws of mispricing apply even to small inaccuracies regarding factual matters of weight, size, and number. As Rashi explains, such mistakes do not lend themselves to forgiving the inaccuracy.
Although the Ran learns the gemara in Beitza differently, it can be illustrated that he agrees that if there are grounds for nullifying the sale but it is not desired by the sides or not feasible, the price difference should be compensated. A similar case is discussed by the Radvaz (I, 324), where partners cut their fabric to divide among them and some of the fabric that one side received was blemished. He says that the other partner must compensate monetarily, as it is not possible to cut the fabric again. Therefore, def should compensate pl for the difference of the car’s value based on its previous ownership.
P'ninat Mishpat (835)
Various Rabbis
153 - Accepting Open Checks Signed by Someone Now Deceased
154 - Compensating for an Overpriced Car
155 - Collecting from an Improperly Written Ketuba
Load More
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.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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
