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Case: The defendant (=def) runs a religious pre-school program in an Israeli town and started employing the plaintiff’s (=pl) daughter-in-law (=dil) a few years ago. Shortly thereafter, pl gave several thousand shekels worth of pre-school accessories (tables, books, toys, etc.) in a few installments. A year ago, dil stopped working at the pre-school, of her own accord. Pl demanded the items back, claiming that she had stated it was a loan. Def refused but wrote a letter acknowledging the items belong to pl with the promise to return them to her if a relative of pl opens a pre-school program. Months later, pl told def that pl’s daughter is doing so, and def sent her some of the items. Pl claimed that it was too little, too late (because of the lack of materials, her daughter stopped her plans) and that many of the items had been seriously damaged. Pl now wants 30,000 shekels rather than a return of the materials. Def contends that pl did not stipulate that she might want the materials back; if she would have, def would not have taken them because it caused her to throw out old, still usable, materials. She had every reason to believe it was a donation to an altruistic religious organization close to pl’s heart. The letter admitting the items were pl’s was due to a threat, right before the beginning of the school year, that pl would come to take them.
Ruling: We saw that pl’s claim that she originally stated the items were on loan is not convincing enough to extract money. Def’s letter of admission is binding but only from the time that pl needed the materials for her daughter. Regarding an object that one lent to another, the items are normally to be returned in the place where it was lent (Shulchan Aruch, Choshen Mishpat 293:1). Since pl brought the items to def’s pre-school, the expenses of transport to where pl wants them are on pl. Def is required, after a few days’ notice, to prepare the items for pick up. Pl vacillated as to whether she was willing to take the materials or was demanding their value. According to Halacha, a lender of objects cannot force a borrower to pay instead of returning them because that is like forcing him to buy them. However, in this case, since, at this point, pl has little to do with the materials and def, who has been using them, does not lose by keeping them, based on compromise, def will have to pay most of the value. Regarding pl’s request for depreciation due to use, she is entitled only from the time her daughter needed them (six months ago). Once a borrowing period is over, a borrower is obligated as a shomer sachar, and if she uses it after that point, she is either like a thief or obligated to pay as a renter. We assume def would rather not be a thief by using it, even if she did not know the halacha and beit din was in the midst of adjudication. Although pl did not demand payment as rental, when we estimate the depreciation (which is difficult), we will "round up" in the case of doubt. We therefore estimate the depreciation in the last six months as 10% of its present value.
P'ninat Mishpat (829)
Various Rabbis
583 - Return of “Borrowed” Pre-School Items – II
584 - Return of “Borrowed” Pre-School Items – III
585 - Leaving an Apartment with Electrical Problems
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 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
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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.
