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Case: The plaintiff (=pl) was doing major renovations and hired the defendant (=def) as a mefakeiach (private building inspector) for 30,000 shekels. Pl then signed a contract with two Palestinian contractors for 420,000 shekels. Def, who had been consulted regarding the choice of the contractors, also signed on that contract, although he was not referred to in it. Pl discovered several flaws in the contractors’ work and fired them and def before the work was completed, after the latter had received 20,000 shekels. Pl is suing def for 544,242 shekels for the flaws, claiming that def is responsible for them for a few reasons: def was, in effect, the general contractor; def recommended hiring the contractors without seeing their past work; after starting, def took on another job and stopped coming enough; specific mistakes were made that def should have caught. Def denies being the general contractor, saying he was no more than a mefakeiach. He suggested hiring the contractors because they were much cheaper than other options, and while he spoke with them and found them apparently professionally qualified, it was pl’s informed decision. A mefakeiach does not have to visit every day, and after taking a part-time job, he was still present enough. Most of the flaws that he did not catch were trivial, and the bigger flaws would have been fixed by the contractors for free had they not been fired.
P'ninat Mishpat (829)
Various Rabbis
449 - Responsibilty of Mefakeiach for Contractors’ Flaws – part I
450 - Responsibilty of a Mefakeiach for Contractors’ Flaws – part II
451 - Policy Change to Pay Settlement Tax
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Ruling: [Last time we explained why none of the arguments that def had the obligations of a general contractor are correct. Now we look at other grounds for def to pay.]
There is a halachic concept that when Reuven has Shimon rely upon him and his failure to keep his word causes a loss of money, Reuven has to pay because of histamchut (reliance). See the Shulchan Aruch’s (Choshen Mishpat 306:6) example of one who accepted coins based on an expert’s claim that they were valid and they were not. That case, though, does not apply to the choice of contractors because it is only when Shimon informs Reuven that he is relying upon his word. In this case, def explained the advantages and disadvantages of each candidate for contractor. He did not say that the Arab contractors were risk-free but that he thought the risk was likely worth the large savings.
The claim that def gave instructions that caused damage are not reason to obligate him because the contractors did not implement the instructions properly. The claim that, as mefakeiach, he should have made sure that the contractors brought more workers is not valid because a mefakeiach does not have authority to dictate to them how many workers to bring.
Regarding the claim that def accepted another job and therefore did not come often enough, beit din’s expert reported that a mefakeiach is not required to come every day. He must come from time to time and at certain crucial times, and pl did not present clear indications that def failed to do that.
In summary, def did not have overall responsibility for the contractors’ bad job, and specific evidence of failure in his own work was not yet provided. Beit din gives pl 14 days to bring such evidence, and if he does not succeed to do so, def will not be held responsible, and beit din will rule on how much pay he is due.
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: Undoing a Problematic Partnership – part II
based on ruling 84061 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
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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.
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.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
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.
