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Ruling: One of the major rules of monetary law is that one who wants to extract money has to bring proof for their claim. In this case, the language of the contract does not conclusively indicate for how many items def accepted responsibility. There is also no proof that def was responsible for the damage that did occur or that they did not choose a reasonable solution of storage. [It is clear that def had every interest to try to contact pl before moving, and] it is hard to discount their claim that their failure was based on factors beyond their control. Since the amount of actual damage is apparently small and pl received 2,500 shekels of compensation for damages from a third party, we do not find it necessary to give pl more money than that by means of compromise.
On the other hand, we will factor in the lack of proof in the other direction as well. If def did everything the best way they could have, they deserve reimbursement for spending 1,200 shekels to store pl’s items. However, since it is not clear if they did so and how much the extent of their obligation to watch pl’s property was, they will not be able to receive that money back from pl based on doubt.
P'ninat Mishpat (834)
Various Rabbis
559 - Delays of a Contractor – part II
560 - Questionable Responsibility for Another’s Property
561 - “Don’t Let the Bedbugs Bite” – part I
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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: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Moreshet Shaul Hashem Is your Shadow – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
P'ninat Mishpat A Non-Contractor in Changing Times – part I
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Our King on Rosh Hashana, Our Father on Yom Kippur.
Based on Aroch Siach, p. 221 (Rav Shaul Yisraeli)
P'ninat Mishpat A Non-Contractor in Changing Times – part II
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Hashem Is your Shadow – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
Parashat Hashavua Happiness for the Right Reasons
[With painful longing, we share these divrei Torah from our co-Rosh Kollel for close to 40 years, Harav Moshe Ehrenreich zt”l.]
