YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: The Nimukei Yosef (Bava Metzia 46b of Rif’s pages) says that in a case where a worker’s refusal to complete his job caused damages and the hirer did not employ an alternative plan to avoid the damage, the worker does not have to pay for the damages. The logic is that the work stoppage is not a direct enough damage to obligate payment. The Haghot Oshri (Bava Metzia 6:2), though, says that damage caused by the work stoppage is dina d’garmi (semi-direct damage) for which one has to pay. The Rama (CM 333:6) says that for a lost opportunity, there is no payment, but if the aborted work causes actual damage, the worker must pay the damages. The Shach (ad loc.) says that there is no machloket among the Rishonim and that the matter depends on whether the hirer had an opportunity to avoid the damage. (The dayanim disagreed on whether pl could have been expected to find an alternative faster). The Gra (333:40) understands that there is a machloket in this case, and the Netivot Hamishpat (333:14) says that one can not be forced to pay.
Based on strict law, beit din could not extract money from def on these matters. However, the arbitration agreement enables beit din to employ compromise, which is appropriate for the following reasons. According to some poskim, payment is due. Even according to the others, the exemption is because it is a case of gerama (indirect damage). In such cases, there is still a moral obligation to pay, and beit din’s practice is to employ compromise in the case of moral obligations. Therefore, def should have to pay for much of the damages. This is tempered by beit din’s feeling that pl did not make all efforts to resolve the matter, including def’s suggestion to go immediately to a rav for dispute resolution.
Let us run through the different claims: contractor’s penalty – since it is uncommon to pay a contractor for a small delay in his work, payment is not justified; payment to watchmen – 67%; time pl took off from work – too indirect to obligate in the case of unintentional damage; extending rental payment – 50%.
P'ninat Mishpat (830)
Various Rabbis
202 - P'ninat Mishpat: Complaints about Contractor’s Work – part II
203 - Regulation of Land Rights in a Settlement Extension – part V
204 - Regulation of Land Rights in a Settlement Extension – part IV
Load More
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: Return of Down Payment Due to War – part III
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
Lessons
fast navigation
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
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.
