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Case: The plaintiff (=pl), a gardener, was hired by the defendant (=def), a homeowner, to plant a garden and lay a cement floor with tiles outside his house for 24,000 shekels. The work was to take two weeks, with half of the payment after the cement was poured and half at the end of the work. Def paid pl only partially. Pl demands full payment. He is also complaining about def’s several changes in instructions and improper use of his materials, which he values at 2,975 shekels. Pl itemized expenses for the job of 23,508 shekels (including payment to his workers) and demands pay for his work of 4,000 shekels (=27,508). Def presented a list of deficiencies in the building, which he claims should reduce the amount of money he owes and also complains that the work took a month rather than two weeks. Before adjudication, def had paid 10,600 shekels, and beit din required him to immediately pay an additional 4,000 shekels, which is the least possible amount of pay that is still forthcoming.
P'ninat Mishpat (825)
Various Rabbis
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488 - Responsibility for a Collision
489 - Compensation for the Flaws of a Used Car – part I
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It turns out in retrospect that the price estimate was too low. While that is pl’s problem, it is noteworthy that even considering deficiencies, the work done was worth more than 24,000 shekels, and even when one does work for another without permission, he is still returned at least expenses (Shulchan Aruch, Choshen Mishpat 375:1), which was close to that. While the work was not of high quality, most of the problems could have been fixed easily by a professional, and pl was prepared to carry out most of them. Being two weeks late is not uncommon for such projects.
Even if we are to take off for deficiencies, it should be taken off from the 27,508 shekels, which should have been the value of the work done and expenses, not from the work estimate, because his claim has to do with how much the work was worth. In any case, the claims of deficiencies are unreasonably priced. On the other hand, most of pl’s demands for extra charges for changes are unjustified. We accept only 1,750 shekels (we skip the itemization). So too, we must reduce from the amount due to the value of two days’ work pl admits are needed to raise the standard of work to the required and the fact that def paid 3,500 shekels for materials.
We estimate, based on documentation, the value of the work done at 21,750 shekels. That leaves 7,150 shekels for def plus the whole beit din fee, due to the fact that he improperly withheld money that was clearly slated for payment.
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
