Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
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 (835)
Various Rabbis
539 - Delays of a Contractor – part II
540 - Questionable Responsibility for Another’s Property
541 - “Don’t Let the Bedbugs Bite” – part I
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: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
