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- P'ninat Mishpat
Ruling : It is clear that both bc and def are considered the receivers of services. Therefore, the case is parallel to that of two people who take a loan together, where the halacha is that they are both considered borrowers of half of the sum and cosigners on the other half (Shulchan Aruch, Choshen Mishpat 77:1). Derivations from the Torah are brought to justify this halacha, suggesting that it is a special halacha, which one might want to claim only applies in certain cases. However, that is only in regard to the status of cosigner, whereas the determination of the status of joint borrowers is based on simple logic (S’ma and Shach ad loc.)
The fact that a representative of def is initialed on the pages of the contract in which all the details of the mutual obligations are found is considered by common practice to be an agreement to the conditions. It appears that the lack of signature on the last page is an oversight. However, even if this is not so, bc’s obligation would by means of contract whereas def would have shown that it is an obligated party to the work done, obligated based on oral agreement.
The fact that bc is described as the one who will pay does not mean that def is not obligated monetarily. Bc’s obligation to pay can be as an arm of def, which takes care of its obligations regarding the building, or as an arev kablan, an especially involved guarantor. Neither precludes def’s basic obligation. Several other clauses in the contract refer to the mazmin as paying, and the mazmin is defined as being bc and def. The down payment is described once as being made by bc and once as by the mazmin. This is to be understood as the "two-headed mazmin" being obligated to pay the down payment and bc carrying it out in practice.
Therefore, we find that def is improperly trying to use technicalities to extricate themselves from a clear obligation and should pay their half promptly.
P'ninat Mishpat (835)
Various Rabbis
254 - Is a Downpayment Given to a Lawyer Binding?
255 - Joint Responsibility Through
256 - To Adjudicate in Israel or In the Defendant’s City?
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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: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 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)
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
