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Case: The plaintiff (=pl) hired the defendant, an exterminator (=def), who advertises his "natural" system, "without poison or danger," to rid his house of rats, for a price of 4,680 shekels. Def placed several strips of material in strategic areas. Upon finishing, he wanted to give pl instructions, but pl was busy. Two weeks later, pl’s dog became very sick (veterinary intensive care). The veterinarians suspect that rat poison was the cause of illness. Pl claims that if not for the advertisement of "no poison," he would not have hired def. Def responds that no poison means only that it is not dangerous for people in the house, but certainly there is poison – after all, it says "extermination." Def admits being aware of the dog and not warning pl, explaining that he did not expect a dog to eat the poison. He suggests that there was other poison in the area. Pl demands 4,790 shekels, the cost of the veterinary bills plus half off the price of the extermination charge (2,340 shekels) due to misrepresentation. Pl argues that the guarantee that def gives is useless for him, since he does not trust def in his house.
Ruling: It seems evident to us that def is the source of the poisoning of the dog, even though it cannot be proven conclusively. It is clear, though, that this type of damage causation is only gerama (too indirect to be able to obligate payment), as the gemara (Bava Kama 56a) says about a slightly more direct case of poisoning an animal. Although the gemara says that there is a moral obligation to pay in its case and our arbitration agreement enables us to obligate payment for gerama, we will not make def pay the veterinary bills because this was done by accident. (It is also not clear that the payment for doctors’ bills (ripuy) applies to animals (see Pitchei Teshuva, Choshen Mishpat 307:3).)
However, pl is correct that def’s advertisement created misrepresentation. Therefore, pl can claim mekach ta’ut (a mistaken and thus void sale). One cannot implement a normal voiding of the sale because the material was already used, the work was done (and cannot be returned), and positive impact (regarding the rats) was already made. Therefore, we will give back only 4,000 shekels (the majority of the agreed price for def’s work for pl). It is true that pl asked only for half off due to misrepresentation, but pl made that limited claim with the understanding that he would be getting payment for the medical bills. This is thus a case of mechilla b’ta’ut (relinquishing rights through a mistake), and pl can receive a greater refund, which is less than the total he asked for.
P'ninat Mishpat (829)
Various Rabbis
551 - The Extent of an Inspector’s Responsibility – part II
552 - Poisoning a Dog
553 - Incomplete Field Work
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P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
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: 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 Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 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.
