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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 (832)
Beit Din Eretz Hemda - Gazit
623 - Why Was the Etrog Order Changed? – part III
624 - Who Caused the Renovations to Stop? – part II
625 - 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 I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 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)
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
