YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: [In the first part, we saw that the only proof that pl had a right to receive the equipment in return other than the letter of admission, which should serve as the framework for def’s obligation to pl.]
The question remains as to the nature of the "loan." There is a legal model of a gift for a certain period of time and a model of a loan. One difference between them is whether the borrower has to pay for damage to the object, which pl claims occurred. Def is not responsible for normal depreciation (including certain objects, such as books, no longer being usable after years of use by children). This is because even a sho’el (classic borrower) is exempt in the case of meita machamat melacha (that which died or was destroyed through normal use) (Shulchan Aruch, CM 340:1). In order to be responsible for damages, one has to accept the responsibility, explicitly or implicitly. There is no proof, nor is it clear from the letter of admission, that def was aware of such a status.
Once pl’s daughter decided to open a preschool, pl had a right to demand return of the equipment, raising the question of who has to pay for moving the equipment (to a different part of the country). The halacha is that return of an object to the person who gave it over to be watched is at the place it was given over. Thus, def can return it to pl at her school. It just must be organized in a manner that pl has effective access to receive the equipment, including that pl must ensure the unfastening of equipment that was connected to the ground.
While pl demands payment for depreciation from the time dil left, she is entitled only from the time that her daughter started a school. Any use by pl after that time was improper and so she must pay for that depreciation.
Pl preferred to be paid the value of the equipment still in def’s possession rather than to have to transport used material. While beit din ruled that as long as the objects are intact, she has a right only to them, not their value, they urged the sides to agree to a compromise along the lines of partial compensation, which they did.
P'ninat Mishpat (832)
Various Rabbis
243 - The Return of Equipment
244 - The Return of Equipment that Was Given or Lent
245 - Closing the Door on the Window Maker
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 P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 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.
