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Case: The plaintiff (=pl) hired the defendant (=def) to serve as the mefake’ach (building inspector) for the house he was building along with his wife (they are now divorced). There was no contract, and his expected work hours and responsibilities were not set. The building plans called for a concrete supporting wall 12 meters wide by 6 meters high. Pl asked def for his recommendation about the kablan’s (contractor) idea to make a wall out of large stones instead. Def answered that a stone wall is just as strong, and so pl allowed the kablan to do so, after receiving instructions from def. The kablan used smaller stones than he should have, and so after some time, the wall collapsed. It cost 160,000 shekels to remove the stone wall and build a concrete wall. Because pl is unable to sue the kablan¸ an Arab from "over the Green line," pl is suing def for his part (separate from his ex-wife) in the expenses – 80,000 shekels. Def claims that the decision to build the wall was fine, just that the kablan did not follow instructions, and so pl should sue the kablan if anyone. Pl’s wife also could have pressured the kablan to fix the wall while he was still working on neighbors’ homes. Def was not present when the bottom stones were placed, and when he came, they were covered with earth. Def was concerned that if he forced the kablan to dig out the foundation for inspection, the kablan might have quit, which would have caused losses. Therefore, he thought it was worth the small risk to leave it. Additionally, def should not have to pay the cost of a cement wall, as pl could have fixed the stone wall for a small fraction of the price.
Ruling: Is a mefake’ach responsible for damages? The Shulchan Aruch (Choshen Mishpat 306:6) rules that a moneychanger who advised one to accept certain coins which turned out to be bad ones has to pay damages unless he was both an expert and gave the appraisal for free. This is as long as the moneychanger should have been aware he was being relied upon. The poskim (see Shach, CM 129:8) explain that when he is paid and makes a mistake, he does not live up to professional standards; therefore, if it was based on matters beyond his control, he is exempt. In this case, a client who asks the mefake’ach for advice is likely to rely upon him. However, based on our analysis of the different expert testimonies the sides presented and other indications, we conclude that the advice was sound.
Beit din accepts the premise that def was not required to be at the site every day. The question is whether he should have made the kablan remove the earth to check. On the one hand, pl had not told def to be specially cautious with the kablan. On the other hand, def knew that the kablan had financial problems and could have suspected he might cut corners. The fact that he covered the foundations so quickly could have raised suspicion. But there were also reasons not to check. The Shulchan Aruch (CM 290:9-10) allows a court-appointed guardian to make choices between choices that each include risk without receiving permission each time from beit din.
Next time we will explore how our case compares to that of a guardian and other issues.
P'ninat Mishpat (829)
Various Rabbis
547 - How to Calculate Interest on Investment
548 - The Extent of an Inspector’s Responsibility – part I
549 - The Extent of an Inspector’s Responsibility – part II
Load More
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 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: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 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.
