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Beit Midrash
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- P'ninat Mishpat
Ruling: Most monetary agreements require a kinyan (act of finalization). However, in regard to work obligations, the beginning of the work serves as the kinyan. In the case of work that is paid by the job, beginning the job obligates the worker to finish the job and obligates the employer to continue the employment until work’s end according to the conditions that were set (see Nimukei Yosef, Rif’s pages to Bava Metzia 46b and K’tzot Hachoshen 332:6). The fact that pl presented a work estimate and started to work should ostensibly mean that he is entitled to the stated amount.
On the other hand, def claims that the fact that she did not sign the estimate is an indication that she never intended to agree to those prices. The Shulchan Aruch and Rama (Choshen Mishpat 81:7) discuss the idea of shtika k’hoda’ah (silence can sometimes be understood as agreement). One application is that when a third party sets a price for a teacher to teach a child in the presence of the father who stands by quietly, the father is responsible (ibid. 336:1).
This concept certainly applies in our case. Def asked for an estimate and then without arguing over it, asked pl to begin working. This is equivalent to explicitly agreeing to the price. If she did not agree to the price, she should have told him before he began working. We should add that there is no common practice to wait for a signed estimate before beginning work. Therefore, the fact that def did not sign the estimate is not a sign of anything out of the ordinary. Even if we accept def’s claim that she had in mind to not bind herself to the price, "matters known only to the heart are of no consequence."
P'ninat Mishpat (829)
Various Rabbis
227 - Aborted Rental
228 - Unsigned Estimates for a Contractor
229 - Unsigned Estimates for a Contractor
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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: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 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
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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.
