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- P'ninat Mishpat
14
Ruling: Last time we saw that the agreements, including of the additional elements, were binding. We now digress to an unexpected but important topic.
Beit din appointed an expert (=exp) to study the plans and inspect the house. He found that the great majority of the work was done acceptably and listed elements that needed to be completed (pl had agreed with most). Beit din had intended for pl to finish the job in a few days, as pl was willing and def had wanted, while beit din would determine how much pl would receive. Due to the tensions between the sides, it was necessary to bring in someone to oversee pl’s work. However, def was unwilling to have a process in which she would have to pay pl or an overseer; she decided to have her father (=fath) slowly finish the work.
After exp completed his report, which sided with pl in 80-90% of the disputed matters, def demanded of beit din to disregard the report because exp had a prior relationship with pl. (Beit din, as always, questioned exp about previous relationships before hiring him.) She said that fath knew this based on a hug and "high-five" between exp and pl upon meeting, before the av beit din (=abd) arrived. Exp and pl denied any unusual greeting or prior relationship. Def was given the opportunity to confront exp before beit din but refused, saying that he is a liar. At a hearing, beit din enquired why fath had not said something to abd, and he said that he was too upset. Abd observed that the inspection was two hours long and fath did not seem upset. Def claimed that fath was in too much awe of abd to speak in his presence (a behavior not consistent with what abd observed). When asked why fath had not said anything to def until after the report was written, def said he had been too busy.
Beit din rejected the claims against an apparently impartial and respected expert based on claims by interested parties that were presented at a great delay with unconvincing excuses after he wrote an unfavorable report. Beit din pointed out that such behavior weakens the credibility of def’s claims but that each claim will be viewed according to its merits.

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