Yeshiva
Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Ruling: Beit din had the furniture measured, and this indicated that there is less leg space at the tables than at the benches. Beit din’s representative went to confirm that this causes seating to be somewhat uncomfortable. In two other shuls in the area, where def told beit din that they have sold merchandise, the legs of the tables were done properly. The Rambam (Mechira 15:6) says that what is considered a flaw in a sales object depends on the society’s standards. By modern standards, such merchandise is unacceptable.
The question, then, is about the promptness of pl’s complaints. While pl spoke generally about informing def of the problem, they do not have specific details about whom they spoke to and when, prior to an official letter to def that was dated almost two years after delivery of the tables. Even if they turned to def much earlier, it still was apparently not near the time of the sale, as def made another order of furniture some six months after the one in question. It is hard to believe that pl would have made a new order during a time that their complaints over a serious flaw in the original merchandise went unanswered. While it may take longer for a public client to deal seriously with problems than it would a private one, six months should have been plenty time for complaints to have been lodged. Apparently, then, the people in charge at pl did not feel it was important enough to immediately register an official complaint.
[Next week we will deal with the sources on delayed complaint on flaws.] In the final analysis, according to the letter of the law, pl cannot demand new merchandise. However, based on the authority to impose peshara, beit din obligates def to enable pl to order replacement tables at 20% off the regular price (which it had submitted to beit din). Def should deliver the new furniture for free at a time that can be worked out when they are making another delivery within the general vicinity.
P'ninat Mishpat (835)
Various Rabbis
212 - Payment for Court Expenses
213 - Late Return of Flawed Furniture
214 - Unfair Competition?
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P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
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
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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
