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Case: The plaintiff (=pl) bought from the defendant (=def), a real estate developer, an apartment "on paper." Their contract set, among other things, a date for receiving a completed apartment. Def missed the date by a wide margin. [Much of the p’sak deals with compensation for the buyer during the delay]. During August 2014, def sent letters to buyers indicating that the apartments would be ready soon and recommending signing up their children in local schools, which pl did. The apartment was ready only in Oct. 2015. In the meantime two of pl’s three children went to school in the new city while the family remained where they were (16 kms away). Pl demands compensation for the need to buy a second car and the price of transportation. Def argues that such damages are too indirect to obligate, that many of the claimed expenses are exaggerated, and that the legal obligations to compensate a buyer for delays at a high rate for rental is meant to cover side expenses such as these.
P'ninat Mishpat (829)
Various Rabbis
521 - Sharing the Expansion Area
522 - Damages of Delay in Home Construction – part I
523 - Damages of Delay in Home Construction – part II
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An apparent contradiction may help set this matter’s parameters. The Rambam (Zechiya 6:24; also, Shulchan Aruch, Even Ha’ezer 50:3) rules that if a fiancé makes a customary engagement party and his fiancée breaks the engagement, she must pay for the food because she caused him to waste money. The Ra’avad (ad loc.) asks from a gemara (Bava Batra 93b) that if one bought defective grain and planted them with no yield, the buyer only gets back the price of the grain, not the costs of planting. The Ra’avad deduces that if the damage came from the buyer’s actions, the seller is exempt even if he encouraged it. The Maggid Mishneh (ad loc.) distinguishes that if one followed the other’s recommendation for his own planned gain, he is not entitled for compensation for the expense. In contrast, the fiancé made the party due to obligation. R. Akiva Eiger (I:134) asks from the Rosh (see Shulchan Aruch, CM 333:8) that if Reuven tells a craftsman that if he makes something he will buy it, Reuven is required to pay for it. R. Akiva Eiger distinguishes between a decision one makes based on a recommendation and one he makes based on an explicit order. No one explicitly told the buyer to plant the seeds.
The Maharik (133) rules that even if the one who acted might have suspected that the other person would not keep his promise, if the assurance was part of a relationship of agreement to cooperate, there is payment. In this case, then, when pl said explicitly that they should sign up their children in the local school and this was done within the framework of def being obligated to provide an apartment, there are grounds for payment.
Next week we will deal with the questions of whether pl’s expense claims were accurate and justified.
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
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 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
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.
