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Case: The plaintiff (=pl) placed a vending coffee machine in a shul(=def) with the gabbai’s permission. It was agreed that he would pay 80 shekels a month for water and electricity. Over time the gabbai became opposed to the business, claiming that there were multiple complaints from shul-goers over coins lost in the machine and the product’s poor quality. First, it was decided to raise the charge to 100 shekels a month. Later, def demanded pl to give up the business. Pl demands compensation for lost revenue and also for effectively voiding his sale of the machine/business to Reuven, with the latter now demanding a return of 7,400 shekels. Pl claims that the gabbai wanted to replace him with Shimon, who would pay more money than he was. Pl claims that thegabbai exaggerated problems with the machine, which pl tended to promptly. Shimon is a professional in the field of coffee machines. He came to look into the complaints and eventually took over the business after pl was asked to leave. He described the consequences of pl’s lack of proper upkeep of the machine and what should be done. After using the old machine for a month, after paying pl 2,600 shekels for it, Shimon installed a new machine, as def required. His reported sales during the time of his operation were four times that of pl’s.
Ruling: Pl did not claim that a kinyan was made to concretize any rights he might have in maintaining a concession in the shul. His monthly payments were to cover expenses and not for rental rights. Defagreed to the arrangement as a resource for their congregants. Therefore, they do not have long-term obligations toward pl. Even if there were such an obligation, it is far from certain that pl would have the right to unilaterally sell his rights to a third party. Def certainly does not have obligations to restore pl’s anticipated future profits.
P'ninat Mishpat (832)
Various Rabbis
413 - Fixing Status of a Non-Standard Apartment – part III
414 - Control of Shul-Based Vending Machine
415 - Going to Beit Din After Suing in Secular Court – part I
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Def is exempt from paying, including in taking part, as is customary, in half of the beit din charge.
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
