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Case: Prior to the end of permitted field work before Shemitta 5775, the defendant (=def) hired (without a written contract) the plaintiff (=pl) to prepare the land for planting a vineyard by: straightening the land for planting, making access roads, and digging ditches. The original time pressure worsened when the regional council held up the work for a few weeks, and not all work was finished. Now (after Shemitta) pl complains that he received very little pay for his work. He is willing to do the remaining work, except what has become unfeasible due to the planting that def did, and receive full payment. Def argues that some of the work was not done satisfactorily, and he had to pay others to complete work pl was unwilling to do. Pl explains that he did not yet finish the work out of concern that def would be unwilling to pay him in full. He claims that it is unreasonable for pl to withhold almost all the payment until the work is totally complete and that def should not have proceeded until matters were worked out. [The sides agreed on an expert to provide beit din with information on many of the technical factors.]
Ruling: [We will discuss only those elements that involve legal principles.]
P'ninat Mishpat (829)
Various Rabbis
553 - Poisoning a Dog
554 - Incomplete Field Work
555 - Delays of a Contractor – part I
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Pl claims that the fact that def planted certain sections proves that the work there was sufficient. This seems to be supported by the halacha that if one uses an object that he bought after realizing there were flaws, he waives his rights to null the sale due to those flaws (Shulchan Aruch, CM 232:3). However, in this case, since there was the pressure of a very specific deadline to plant or to lose an agricultural year, his planting does not prove acceptance.
Do the delays and the time pressure excuse poor work? Usually, if neither the worker nor the employer were responsible for work being cancelled, the worker is not entitled to pay (Bava Matzia 77a). However, in this case, when pl decided to plant even though it made continued work on the area unfeasible, he actively caused the cessation of some of the work. On the other hand, def has a reasonable claim that def’s moving of equipment from the area also affected continuation of work. We rule on a compromise on this matter – pl will receive 65% pay of the pay due for this.
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 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
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.
