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Case: The plaintiff (=pl) bought a fireplace/chimney from the defendant (=def) for 12,450 shekels, with the following breakdown: 8,200 for the fireplace, 2,250 for the chimney, 2,000 for installing the chimney. Two years later, 2.5 meters of the chimney corroded, and after asking def to fix it, pl bought a replacement part and fixed it himself. During the third year, the whole part of the chimney within the house corroded. Def did not respond to pl’s demands to replace it, and pl hired a professional to put in a better (complete) chimney for 4,700 shekels. Pl claims that since a chimney should last around a decade, the fact that it corroded so quickly is a sign that it was never an appropriate one. He claims that the fireplace he bought was hotter than def’s older models, and that soon after pl’s purchase, def switched to a more expensive chimney.Def argues that he buys chimneys from a chimney manufacturer on behalf of his customers and gives service for only a year. He assumes that the damage came from pl using wet wood, which he usually tells customers not to do (because he was in a rush at the time, he did not give def instructions).
Ruling: Beit din does not have evidence about whether the corrosion occurred so quickly because it was not fit from the outset or because of improper use. If the former, pl can void the sale, as it is accepted in society that a chimney should last far more than two/three years. It does not help def that, in some ways, he was just a go-between between the manufacturer and pl (see Shulchan Aruch, Choshen Mishpat 232:19). Although usually if one uses an object he bought after the grounds for voiding the sale became apparent, he cannot later return it, when the buyer had little or no choice but to continue to use it, he can still back out (Pitchei Teshuva, CM 232:1).
P'ninat Mishpat (829)
Various Rabbis
399 - The Rightful Beneficiary of a Life Insurance Policy
400 - Faulty Chimney – part I
401 - Faulty Chimney – part II
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Def claims that industry standard is to give a warranty of only a year for chimneys and, in this case, nothing was written. However, this will not exempt def because a warranty is given to increase liability, not to decrease it. If something happened which pl could not prove wasdef’s fault, then after a year, def would be exempt. However, since there is no reasonable explanation other than that def is responsible, the lack of a warranty does not exempt him.
What we have explained justifies def returning that which was paid for the chimney. However, it does not justify pl’s replacement of the chimney with a better model, as he did not pay for an improved chimney.
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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.
