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Beit Midrash
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- 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 (832)
Beit Din Eretz Hemda - Gazit
583 - Money Given for Shemitta Observant Farms
584 - Money Given for Shemitta Observant Farms – Part II
585 - Money Given for Shemitta Observant Farms - Part III
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 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
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