Yeshiva
Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
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.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
591 - Why Was the Etrog Order Changed? – part III
592 - Who Caused the Renovations to Stop? – part II
593 - Who Caused the Renovations to Stop? – part I
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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 Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
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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
