YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Case: Reuven and Shimon jointly owned a house with an upper level and a lower level. They divided their rights in such a way that they switched use of levels every two years. A fire has made the upper level unusable. Who has to pay for the losses caused by the fire?
Ruling: The gemara discusses in several places the situation of a partnership that turns into "time-sharing." One (Bava Batra 13a) is about brothers who inherited a servant or a non-kosher animal (they both cannot be divided physically). If one brother is the firstborn, he gets to use the inherited matter two days per every day of the other brother. The Ri Migash learns from this that whenever it is not possible or not desired to divide the property or to offer that one should buy it and reimburse the other one, the division is based on time-sharing.
P'ninat Mishpat (829)
Various Rabbis
365 - The Price of a Practical Joke
366 - How Do Time-Share Partners Deal with Damage to Property?
367 - Paying for Non-Kosher Wine
Load More
The gemara (Gittin 42a) says that if a person with the status of half servant/half free man was damaged, if it occurred on a day when he works for himself, he receives the money, and if on a day in which he works for his master, the master receives it. In contrast, if he was killed, so that there is total loss, the special payment is split between his inheritors and his master, regardless of what day this occurred.
Let us apply these principles to our case. Regarding the state of the ownership and refurbishing of the house, which is a matter that is classified as "total loss," we look at Reuven and Shimon as partners and say that they have to join together to pay for damages. Regarding the temporary division of time to use the house, everyone loses according to the time that was theirs. In other words, they keep to their schedule of time-sharing, even if one will lose more time than the other. This is simple, even though it contradicts the S’ma, who raises theories as to assumptions between parties who exchange objects for time.
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 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: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part I
based on ruling 84044 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
fast navigation
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.
