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Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
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 (832)
Various Rabbis
487 - Responsibility for a Collision
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.
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: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(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)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
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
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
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.
