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Case: The plaintiff (=pl), a company that produces electricity for the electric company (=IEC) from solar panels, rented rooftops to place the panels from the defendant (=def), a settlement. Def supplies electricity for their residents through bulk supply (the electric company is not connected to each home). The same electricity room and closet transfers electricity both ways between def/pl and IEC. The involvement of IEC made it necessary to begin work before the contract was complete. IEC carried out three inspections of the electricity room. After the last, they claimed mortal danger and demanded redoing the electricity closet, with a threat of otherwise rejecting pl’s project andshutting down def’s electricity. Pl and def disagreed as to who should be responsible for the renovations, and it was decided that pl would perform them, and beit din would rule on possible reimbursement. Pl claims that their agreement requires def to provide electrical infrastructure and that def knew this was expected to include layouts of money. Def also benefitted from the replacement of their very dangerous electrical room with a quality one at an under-market price. Def claims that pl should have checked that def’s infrastructure was sufficient before beginning work. At the time the agreement was signed, pl, which is in the field and met with IEC, were aware of the expense, while def were not. The improvements are not particularly beneficial for them, as def is in the process of phasing out the bulk supply system and will not need the electrical room. Therefore, the deal, as pl presents it, is unprofitable for def, and they would not have agreed to it.
Ruling: [We saw last time that def could have backed out of the agreement with pl when IEC rejected the electricity infrastructure.]
P'ninat Mishpat (829)
Various Rabbis
423 - Responsibility for Electricity Infrastructure – part II
424 - Responsibility for Electricity Infrastructure – part III
425 - Sub-Par Guest House Experience? – part I
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While they did not agree to pay, def’s benefit from the work (neheneh) is a reason to obligate them to pay accordingly. Halacha distinguishes between cases where this was done with or without permission. With permission, the recipient of benefit has to pay the higher between the going price of the work and the expenses in practice (Shulchan Aruch, Choshen Mishpat 375:4). However, in this case, when def refused to pay for any more than they will be forced, they do not have to pay the going rate, and they have to pay only according to the benefit they received.
It appears that if not for pl’s needs, def could have managed with lesser repairs. The fact that def were and are considering stopping the bulk supply system is a factor in lowering the appraisal of benefit from the long-term improvements. Thus, if def will have to pay the entire price of repairs, they will not have gained from the deal with pl.
With everything considered, beit din obligates def to pay 75,000 shekels out of a total repair cost of 134,800 shekels.
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 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)
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Ein Aya Various Universal Stages of the Geula Process
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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.
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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.
