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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 (829)
Various Rabbis
202 - Transparency in Window Making
203 - The Picture of Competition – part I
204 - Expert Witnesses – part I
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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: 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 I
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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.
