YeshivaThe torah world Gateway
Beit Midrash
- Sections
- 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 (832)
Various Rabbis
225 - Payment for Court Expenses
226 - Late Return of Flawed Furniture
227 - Unfair Competition?
Load More
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 Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
