Yeshiva
Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Case: The defendants (=def) hired the plaintiff (=pl) to do all the electrical work in their house under construction until the house is approved by the authorities as meeting standards. He was to receive 45,000 shekels, at various stages as the work proceeded, and already received 23,400 shekels after the lines were installed, while the walls were not yet complete. Subsequently, someone stole the wires out of the wall. Pl demands that def pay him 2,000 shekel for new wires and 6,000 shekels for new work, if they want him to finish the job. Def say that pl was hired to have the electrical work completed, which he must thus see through, by buying new wires and completing the work. Pl’sresponsibility increased when he put in the wires before the walls were completed, as it is easier to steal wires in that case, and he did not warn def and ask permission to take the risk. Pl responds that such theft is uncommon, and there are professional preferences to installing the lines in this way. Therefore, he did not feel a need to discuss the matter.
Ruling: Beit din brought two expert witnesses to determine whether there is a minhag about responsibility for theft of building material that has already been installed and about the price to reinstall wires. On the former, there was agreement that in a case where the worker was already paid for that part of the work, it is the homeowner’s problem.
P'ninat Mishpat (835)
Various Rabbis
362 - Deception Regarding the Previous Owner of a Second-Hand Car
363 - Is a Contractor Responsibile for the Theft of Some of his Work?
364 - Real Estate Agent’s Fee Without Clear Agreements – Part I
Load More
If pl is willing to continue the work, he is entitled, based on the experts, to an additional 4,700 shekel to compensate for the stolen wires and for the necessary work. If he does not want to redo the work, there is no binding obligation to do so, but in such a case, the amount of money that it will take for someone to come in and finish the job will be subtracted from pl’s quote of 49,700 which pl is due, even if it requires pl to return some of the money that he has already received (see Shulchan Aruch, CM 333:4). Even though pl and def did not sign a contract (see Pitchei Teshuva 333:2), pl still has a moral obligation to finish the job (S’ma 333:1).
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: Agricultural Water Rights – part II
based on ruling 84122 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
