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[This summary does not explore all elements of the ruling.]
Ruling: [We saw last time that while there was no binding agreement to share expenses, there are grounds for payment based on benefit that def received from pl if this can be substantiated.]
In this case, def demonstrated that they were interested in pl’s building, not only before building but afterward as well. They had things built in that would serve for their own use afterward. When they advertised their apartment for sale, they highlighted the fact that it was all ready for expansion. Finally, when pl climbed on top of his extension, def accused him of trespassing, indicating that they viewed pl’s roof as belonging to them, i.e., ready to be used on a significant level.
Def claimed that they did not benefit from pl’s construction but that their buyers alone did. One must distinguish between different types of benefit for which one is obligated to pay. One is for direct physical benefit. The other is for causing the attainment of financial gain. Rav Shimon Shkop (Bava Kama 20b) explains that when the value of one’s property is increased, this requires payment even if the one who provided the benefit did not lose in the process. Due to the construction, def’s apartment became worth more money, enabling def to sell it for more. Even if def can prove that he did not receive more money than he could have without pl building, this is a shortcoming on his part, as the benefit was there in the waiting. Even according to Rav Feinstein (Dibrot Moshe, Bava Batra 12), who says that one does not pay for the appreciation of value of the property until there is actual benefit, here the sale is to be considered actual (monetary) benefit.
There is also another possible way to obligate def, and that is through the buyers, who certainly benefitted from the construction. Since it says in the buyer’s contract that if pl sues the buyers and they have to pay, def will have to reimburse the buyers, this double obligation (buyer to pl and def to buyer) can obligate def to pl as well.
P'ninat Mishpat (829)
Various Rabbis
259 - Sharing in Building Expenses When One Did Not Directly Benefit – part I
260 - Sharing in Building Expenses When One Did Not Directly Benefit – part II
261 - Claim of Not Understanding a Provision of a Signed Document
Load More
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 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.
