Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: [Last time we saw that the money pl gave was an investment, which leaves him open to losing profits and even principal, and that def’s agreement to compromise with obd was not necessarily negligence.]
In general, the claim of negligence needs to be proven in order to extract money. None of the area’s farmers had an individual contract with obd, and there were advantages to going as a group, and therefore one cannot prove negligence there. The idea of harvesting on time and forcing obd to receive the produce is hard to demonstrate to be an advantage. First, greater harvest would have come with a labor cost and there would not have been a payment by insurance, so that most of the ostensible advantage is not true. Second, if obm did not sign on receipt of the produce, it is unlikely that def could have forced obm to pay for it.
On the other hand, one can question the wisdom of not switching to the heter mechira system earlier, as all the other area’s farmers did. While the agreement with pl does state pl’s desire to take part in keeping Shemitta properly, which def shared, since the switch after obd breached the contract was a natural step, def should have at least discussed the matter with pl. Therefore, out of compromise that is close to din, beit din awards pl 15,000 NIS in damages for the likely negligence of not switching earlier.
We will finish up with other elements next week.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
571 - Money Given for Shemitta Observant Farms
572 - Money Given for Shemitta Observant Farms – Part II
573 - Money Given for Shemitta Observant Farms - Part III
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Beit Din Eretz Hemda - Gazit
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 Payments after a Gradual End of Employment
(Based on ruling 82024 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: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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
