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Case: The defendants (=def) rented an apartment from the plaintiff (=pl) for an extended period of time. As the rental came to an end, definformed pl by text message that they had left. Workers were to work on renovations before new renters came in. The morning after def left, claimed pl, he and his workers found a major leak from the roof, which turned out to be from an exploded hot water tank, which, he saw by the indicator, had been left on. Leaving on an electric heated hot water tank is negligence, as the accumulated gases of boiled water is likely to cause an explosion, and according to the contract, def is obligated to pay for damages to the apartment that were not caused by normal use. He demands 2,200 shekels for a new tank (he is not suing for other slight damages from the leak). Def claims that they checked that all the electricity in the house was off when they left the apartment and in fact they had not used it in weeks, because in the summer, when they left, the solar heated water sufficed. They dispute the claim that pl found the problem on the morning after they left, because they communicated that day and pl said nothing. Rather, it was the second day, and in the meantime, pl’s workers worked and slept in the apartment, and one of them could have lit the boiler. In any case, def claims that a proper boiler does not explode when left on indefinitely because there are the double protections: a thermostat to shut the electricity when the water is hot enough and a gas-releasing valve to prevent over pressure. Pl says that malfunction of the boiler is not his fault since he replaced it 1-2 years ago.
Ruling: On the factual timing of events, pl’s claim is very difficult. The phone log we requested from him does not show any outgoing calls todef the morning he claimed that he discovered the leak and called def. A text message from that afternoon makes calm reference to who will pay for water during renovations and mentions no mention of water loss from an explosion. The claim can still exist as it is possible that def’s heating the water caused the explosion later, but it strengthens the possibility that someone else lit the boiler after def left.
Bemare Habazak - Rabbis Questions (659)
Rabbi Daniel Mann
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Next week we will translate these indications about what happened and about accepted practice into a ruling.
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Moreshet Shaul Hashem Is your Shadow – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
P'ninat Mishpat A Non-Contractor in Changing Times – part I
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Our King on Rosh Hashana, Our Father on Yom Kippur.
Based on Aroch Siach, p. 221 (Rav Shaul Yisraeli)
P'ninat Mishpat A Non-Contractor in Changing Times – part II
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Hashem Is your Shadow – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
Parashat Hashavua Happiness for the Right Reasons
[With painful longing, we share these divrei Torah from our co-Rosh Kollel for close to 40 years, Harav Moshe Ehrenreich zt”l.]
