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Case: The plaintiff (=pl), who lives underneath the defendant (=def), had problems with his washing machine, causing the circuit breaker to fall several times over several months. A few months into this period of time, pl noticed moisture in the wall near the electric socket to which the washing machine was plugged in, coming from a leak from def’s apartment. Def had the leak fixed within a reasonable amount of time. When the washing machine continued to give problems after the leak was fixed, pl ordered a technician, who said that the machine’s electric card had been ruined. The technician explained and wrote on the receipt that the cause of the problem was moisture in the wall. Pl is suing def for 1,000 shekels in repairs. Def does not think he is responsible for the damage but offers 250 shekels as a compromise. Pl rejects the offer and wants payment based on strict law.
Ruling: No one saw moisture from def’s apartment damage pl’s washing machine. Rather, only with the use of circumstantial evidence might one be able to connect the two. Generally, we do not extract money based on such evidence (Rambam, Nizkei Mamon 8:14), unless the connection is unusually compelling in a way that there are no viable alternatives. For slightly weaker claims, there can still be a moral obligation to pay, which beit din can translate into grounds for a compromise (see Beit Yitzchak, Yoreh Deah II:114).
P'ninat Mishpat (830)
Various Rabbis
431 - How Many People Together to Start Shemoneh Esrei? – part II
432 - Connection between a Leak and a Broken Washing Machine
433 - Dampness
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The "testimony" of the technician is of little importance. He was partial, having being paid by pl, and the unusual form of testimony, a comment on a receipt of payment, without any interrogation in beit din, leads much to be desired as evidence.
Regarding the possibility of compromise, one reason for it is when a litigant would be in need of making an oath in order to support his position. While a claim by a plaintiff can be enough for such an oath, there could not be grounds for an oath in this case because we view pl’s claim as one based on doubt. Even though pl views his claim as definite, he cannot know that the water caused the problems. Furthermore, def has no reason to swear since the disagreement is not about disputing facts known to the parties.
Therefore, there are neither grounds for extracting money based on proof nor even based on compromise, and def is exempt.
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: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
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)
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 P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
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.
