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Ruling: Although def did not sign the contract, def composed it, and thus both sides relied on it regarding mutual obligations. Regarding workers, whatever oral agreements and understandings were in place at the time of the beginning of the work are binding (Shulchan Aruch, Choshen Mishpat 333:1).
Both sides explained the contract’s provision of six months as dealing with a scenario of "losing touch." One cannot deduce from this that all other delays in progress are acceptable. While beit din accepts def’s claim that there is not an end point of the project because one never knows which delays will be forced on the architect by the owner or the authorities, there are still minimum standards for consistent work.
[Beit din analyzed in detail the schedule of meetings and the sketches that def sent to pl.] It appears that months went by with def making very little progress. Considering that there was not substantive denial of pl’s claim that he several times asked for meetings and was rebuffed, there are clear grounds for grievance. The new architect claimed that the work done by his predecessor was not viable, thereby returning the project back to close to the beginning. The fact that another two months went by until a meeting was set between def and pl and that it was then cancelled without notice, gave pl due cause to feel he was not being taken seriously and could not depend on timely progress. Therefore, def’s counterclaim to hold pl to the contract is rejected.
Although def did put in time and produce some results, pl deserves his first payment back. Regarding work stopped in the middle, whether the worker backed out, or the employer fired him with sufficient justification, the worker gets paid the amount of money he saved the employer by his work (ibid. 4). In this case, since pl’s new architect started from the beginning, which they had little choice about, considering that def enjoys copyright privileges to their plans and did not allow their use, def did not benefit from them, and all that was paid must be returned.
[We will omit the analysis, but] def must pay pl an additional 500 shekels for the damages that their negligence, and especially their not coming to the last meeting, caused.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
567 - Paying Community Taxes – part III
568 - Too Slow to Meet a Non-Deadline
569 - Receiving Pay for Hours Not Taught
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 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
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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.
