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Case: The plaintiff (=pl) hired the defendant (=def) to do renovations for 225,000 shekels. Def was to finish by 26/11/2010 and was to compensate pl at a rate of 5,000 shekels a month for delays, in order to cover pl’s rent during the renovations. Def did not finish on time; pl asked him to stop working and had someone else finish the work. Pl claims to have paid def for almost all the job and has had to pay others (including for expenses during def’s work that def was supposed to cover). Pl also claims 25,000 shekel for the project finishing five months late. Def does not know exactly how late he was but claims it was much less than five months and that the work done at the end did not prevent pl from returning home. Def also claims that the prices pl claimed based on those who finished the job were exaggerated and that pl added building requests of def, not included in the contract, which were not yet paid for.
Ruling: At first glance, since pl has a specific claim about how late def was and def admits he was late but does not know by how much, def is a modeh b’miktzat (makes a partial admission), who is obligated to pay when he cannot swear on the rest of the claim due to lack of knowledge (Bava Metzia 97b). However, although def admits partially regarding the element of rent compensation, he does not admit that he, overall, owes money to pl because the amount that he claims is due to him for unpaid work exceeds the amount he admits to owe.
P'ninat Mishpat (829)
Various Rabbis
575 - Bad Advice Causing Loss of Mortgage Rights – part II
576 - Renovations that Did Not Finish On Time
577 - Disagreements Between a Supplier and a Store
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On the other hand, def did not document the extra work that he did for pl, and pl agrees to only part of those items that def claimed. Since the amount of matters about which there is factual agreement is small, it does not make sense to spend the litigants’ money on an expert to give a price appraisal of these elements.
Since neither side sufficiently corroborated their claims that they are owed more than they owe their counterpart, we will employ the rule of "he who wants to extract money needs to provide proof," and neither side has to pay the other.
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: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
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.
