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Beit Midrash
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- P'ninat Mishpat
The defendant (=def) hired the plaintiff (=pl) to make a garden and build a walkway from it to def’s home for a certain price. Def paid half of the price before the work commenced, but now is unwilling to pay the rest. He claims that the work on the walkway was done unprofessionally in a number of aspects. He is willing to pay only that which corresponds to pl’s out-of-pocket expenses. He says that it will take 2,000 shekels to fix that which pl did improperly, and he is not willing for pl to attempt to do it himself due to lack of trust in his professional abilities.
Ruling: Conflicts over the quality of work done are often a result of lack of alignment of expectations between the two parties. Def did not see samples of pl’s work in advance. There is no document that describes the exact nature of the work to be done, and changes that were ordered along the way were not recorded.
Beit din is displeased with the fact that def withheld so much money, considering the Torah imperative to pay a worker on time. The fact that he had agreed to go to beit din does not exempt def to pay that which he admits that he certainly owes.
Beit din obtained pictures of pl’s work for def. The imperfections are evident, but the work is generally reasonable. Upon evaluating the agreed upon price, it is clear that pl charged a very low price, in which his out-of-pocket expenses were 75% of the total price. With all of the imperfections, it is still clear that the value of the work exceeds the outlays. In such a case, we apply the halacha (Shulchan Aruch, Choshen Mishpat 375:1) that even when one does work without permission and the work was not slated to be done, if the improvement is at least as much as the expenses, the recipient pays the expenses. The same halacha is said in regard to unprofessional work (ibid. 306:3). If the work was so bad that it should be undone there would not be gain from it. However, in this case, improvements can be made without undoing that which was done.
The Shach (306:5) says that in determining the expenses of the work, the basic price of the worker’s labor is also included. In other words, if a high price was chosen and the work was not up to par, the worker would deserve only a low price for the work that he did. Although Tosafot disagrees with the Shach on this point and does not consider the basic compensation of worker’s efforts as expenses, in our case, where there is only a need for relatively minor fixing, it is clear that pl deserves to be paid for the time he put into the work. While he should not get paid for the extra amount that one who takes responsibility as a contractor receives, he should receive compensation for his labor.
P'ninat Mishpat (829)
Various Rabbis
223 - A Worker’s Commitment to a Third Party
224 - Pay for Imperfect Work
225 - Aborted Rental
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P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Return of Down Payment Due to War – part III
based on ruling 84044 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.
