YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Case: The defendant (=def) asked the plaintiff (=pl) to create a website to be used to raise money for a sefer Torah to be written to commemorate the victims of the Carmel Mountain fire. Def offered 2,000 shekels and instructed that it be done very quickly, before public interest in the matter would wane. 18 days later def canceled the project. Pl said that he worked hard to do the project quickly and indeed had sent a picture of the site to def and was waiting for def to send content. Def says that he demanded that the work be complete within a day or two and therefore offered more money than the job was worth (he claimed it was an easy project because existing sites can be used as a basis with a need of minor modifications). Def claims that pictures of the site were not enough; he needed it working on the internet so that he could show it to donors immediately. He also said that during discussions after the cancellation, pl had said: "If you don’t want to pay me, don’t pay me, but give me an answer." Thus, pl already waived any money due. Pl denies making such a statement.
Ruling: We showed/described the work done to two people who deal in the field of website development, and they estimated the amount of work needed at 10-25 hours (depending on the amount of professionalism needed) and its value at 2,000-4,000 shekels. Therefore, the price and the efficiency with which pl did the work was reasonable.
Based on the timeline that was presented and taking the time pressure into consideration, it is borderline as to whether pl acted swiftly enough. However, we do not accept def’s claim that there was a set time limit of two days. From an email conversation between the parties after eight days, there is no indication from def that pl had broken his commitment and no ultimatum given as to exactly when the work had to be complete. Therefore, that is not grounds for foregoing payment.
There is a factual disagreement as to whether pl relinquished rights to payment. Given a case where there is an existing obligation to pay pl but with no signed document, so that def could have been believed that he paid, he can also say (based on "migo") that the other side was mochel (relinquished rights to payment) (Shulchan Aruch, Choshen Mishpat 75:22). However, one has to check what language pl used, even according to def’s account. The Maharam Ruttenberg (IV:435) says that language such as "I will not make a claim against you" is not the same as waiving the obligation, and an obligation remains, which can be demanded later. Since we have the right to rule based on compromise, we add our impression that the claim of mechila was not strong, and we obligate def to pay pl 1,600 shekels if pl is willing to take def’s content, add it to the site, and make it available online.
P'ninat Mishpat (829)
Various Rabbis
527 - Canceling Checks Found by a Third Party
528 - Was the Site Created Fast Enough?
529 - Authority of the Beit Din to Hear Arguably Late Appeal
Load More
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: How Many Dayanim?
based on ruling 84139-1 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
Lessons
fast navigation
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.
