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Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Case: The plaintiff (=pl) and the defendant (=def) both wanted to extend their apartments, which were one on top of the other, and decided to do so cooperatively, sharing an architect (=a#1) and preparing and paying for the various elements of obtaining a municipal building permit. In the midst of the process, pl convinced def to discard a#1’s plans and hire a new architect (=a#2). Pl decided to extend his addition with a balcony. Later in the process, def became concerned that this would compromise his apartment’s privacy. When the two sides failed to agree on how to solve the privacy problems, def appealed to the municipality to disallow the extension. Pl is suing def for the expenses, over 24,000 shekels, which are now wasted (especially both architect plans and fees for various stages of applying for a building permit).
Ruling: There is no question that def is not obligated to pay for the money spent on a#1. It was pl who initiated the change from a#1 to a#2 with the loss of money this caused. It can be demonstrated (beyond our scope) that the work done by a#1 did not save time or expenses for a#2 to follow up, and therefore, the expenses of a#1 were lost before def’s decision.
P'ninat Mishpat (832)
Various Rabbis
402 - Backing Out of Joint Building Plans – part I
403 - Backing Out of Joint Building Plans – part II
404 - Who Is Responsible for Municipal Tax When? – part I
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Can we learn from the above halacha regarding a case where two people hire together a third person to do work for them? The Erech Shai (Even Haezer 50) concludes that two families who hire a shadchan are obligated to him like partners because each one gains from the work that the shadchan did even in relation to the other side. In our case, though, while the two hired architects together, the plans of the extension of each apartment are for separate benefits, and so the two are not obligated for each other. Furthermore, a beit din ruling (Piskei Din Rabbaniim XI, pg. 119) makes the following observation about creating a partnership. The sources discuss what makes a partnership binding, but in order for there to be a possibility of a partnership existing, there must be an actual agreement of the sides to have such an interconnected financial relationship.
Therefore, one cannot obligate def due to the possibility of partnership. [Next time we will explore whether there can be an obligation based on causing damage.]
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: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 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: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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 laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
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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Parshat Re'eh
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Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
