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Case: The plaintiffs (=pl) were building a house and ordered custom windows from the defendant (=def). They told him that it was crucial that they receive them by the end of August, as soon thereafter they would be moving in. Pl were to pay half the cost at the time of signing the order and half at installation. Pl worked on finishing the details of the order in late June. Def asked many detailed questions, many of which, pl argue, were irrelevant and impossible for them to answer themselves. By the time all of this was worked out, def claimed it was too late for the order to come in a manner that the work would be done in time. Def agreed to install temporary windows to enable pl to move in, but demanded additional money up front. Pl refused and spent 10,000 shekels on having someone else install temporary windows. Pl demand that def install the windows he is supposed to for the original price and subtract from the money due to him the money they spent on temporary windows. They argue that it was def’s failure to handle his responsibilities on time that caused this outlay. They also claim approximately 50,000 shekels for expenses that the delay in installation caused them in finishing up the building project and for their need to extend their previous rental contract. Def demands full payment for the windows that he already installed and compensation for the damage that the lack of payment impacted him in regard to cash flow.
Ruling: We saw that def was responsible for the delay and determined that def should pay (and how much) for temporary windows. Now we look at other damage claims.
Pl’s contractor received payment from pl because he was not able to finish the job and go on to other jobs due to the windows. The Nimukei Yosef says that if an employer was allowed to replace the worker who refused to work and did not, he is not due damage payment. The Hagahot Ashri says that in such a case, the worker is responsible for damages from that which was not completed as garmi (semi-direct damage) if the losses are monetarily quantifiable. The Rama (Choshen Mishpat 333:6) brings both opinions, but it is not clear whether he views them as contradictory or referring to different cases. Our case depends on this machloket, as pl could have ordered temporary windows sooner and not been penalized by the contractor. Only for part of the time could pl claim that def tricked them into believing that he was providing them. Even the opinion that obligates could arguably not apply here because there was no physical damage to an object but an external penalty. However, since even if the damage was not on the level of garmi, it was at least gerama, which includes a moral obligation to pay, we obligate 1500 shekel toward the payment.
Along similar lines, there will be only partial payment (1,670 shekels) for the guards that had to accompany the [Arab] workers for additional days until the job was finished. Similarly, there will be partial payment for having to extend their rental (3300 shekels). Regarding missing work to take care of things, this is considered losing an opportunity to gain and not grounds for payment. Regarding mental anguish, this is reserved for extreme cases, and not for cases of negligence.
P'ninat Mishpat (829)
Various Rabbis
497 - Undelivered Windows – part II
498 - Undelivered Windows – part III
499 - Removing a Less than Honest Rabbi – part I
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P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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.
