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Case: Plaintiff 2 (=pl2) was the contractor for major renovations of the defendant’s (=def) home; plaintiff 1 (=pl1) was the supervisor. Pl2 was well behind schedule and was fired by def. [Over the last two installments, we presented that def had the right to fire pl2 and determined how to appraise the amount pl2 should receive for the work already done. We continue with other elements.] Def claims around 25,000 shekels for various damages done by pl2 and his subcontractors and workers. Pl2 claims that he should not be responsible for the damage done by others.
P'ninat Mishpat (829)
Various Rabbis
545 - P'ninat Mishpat: Firing a Contractor – part II
546 - Firing a Contractor – part III
547 - Firing a Contractor – part IV
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Ruling: Regarding the 7200 shekel claim for ruining def’s oven, pl2 says that the aluminum worker did the damage. Ostensibly, the worker is responsible for direct damage he caused. However, the aluminum worker did not sign an arbitration agreement and did not present his version of the story. According to standard Halacha, pl2 should not be obligated to pay for that damage. On the other hand, Israeli law (Ordinances of Damages, par. 13) obligates the employer (in this case, pl2) of one who damages under either of the following circumstances: 1. The employer approved the action; 2. The worker did the damage while doing work on behalf of his employer unless the employer was forced to use this worker. This applies even if the worker was not performing his work properly.
We do not need to discuss whether this law is accepted in its entirety by Halacha, especially in regard to pl2, who is not a citizen of the State of Israel. However, beit din concludes that the accepted practice in the field of contractors is that the contractor accepts responsibility for the damages of the workers that he has a right to choose without the homeowner’s approval. It is not fair to make the homeowner deal with workers that he did not choose. In this case, pl2 admits that the damage was done by one of his workers, and so he must pay.
Regarding a claim of 300 shekels for damage to two fans, pl2 admits to damage to one of them. Since he admitted a portion of the claim, and according to Halacha, he should have had to make a Torah-level oath on the rest, we obligate pl2 250 shekels.
Regarding def’s claim of 7,000 shekels for ruining her air conditioner, pl2 does not admit that he or his workers are responsible for it. Def presented an expert’s report that the damage was caused by particles of debris in the air, which would logically have come from pl2’s work when the air conditioner was not covered. The expert was not interrogated in beit din. Also, 7,000 shekels is the price of a new air conditioner, while this one was used. Factoring in everything, we obligate pl2 2,300 shekels.
Regarding the claim that pl2’s workers stole 4,000 shekels worth of items that were placed in a large bag during the work, pl2 denies that there was any theft and says that what the workers took without permission was returned. Def’s pricing of the objects were estimations. Beit din obligated pl2 a sum of 500 shekels.
There were certain claims that were unproven and weak, and there were no obligations levied on them.
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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
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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.
