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- P'ninat Mishpat
Case: The defendants (=def) rented an apartment from the plaintiff (=pl). As the rental ended, def informed pl by text message that they had left. Workers were to do renovations before new renters came in. Pl claimed that the morning after def left, he and his workers found a major leak from the roof, which turned out to be from an exploded boiler, which, he saw by the indicator, had been left on. He argues that leaving on an electric boiler is negligence, as the accumulation of gases of boiled water is likely to cause an explosion, and according to the contract, defis obligated to pay for damages to the apartment that were not caused by normal use. He demands 2,200 shekels for a new tank. Def claims that they checked that all the electricity was off before leaving the apartment, and, in fact, they had not used the boiler in weeks, because in the summer, when they left, 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 on 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 of double protection: a thermostat to shut the electricity when the water is hot enough and a gas-releasing valve to prevent over pressure. Pl says that the boiler’s malfunction is not his fault since he replaced it 1-2 years ago.
Ruling: We saw last time that while part of pl’s claims were difficult to accept, it is possible that def left the boiler on and that in a small minority of cases, this can cause an explosion of the tank.
P'ninat Mishpat (835)
Various Rabbis
381 - Faulty Chimney – part II
382 - A Renter’s Responsibility for an Exploded Water Tank – part II
383 - Inefficient Use of Storage Space
Load More
Beit din considers that pl said that he only came to beit din because he is sure that def left the boiler on, and we see little reason he should be confident of that. Def, on the other hand, expressed that he had been willing to pay a small amount of money. The accumulated factors on behalf of def’s exemption is far greater than for their need to pay. On the other hand, it is likely that def would have been obligated to swear if we were in the practice of administering oaths. Therefore, this is a perfect case to apply our authority to rule out of compromise that is close todin. We thus obligate def to pay 150 shekels plus half of the beit dinfee.
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: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 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
