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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 (829)
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.
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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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.
