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Beit Midrash
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- P'ninat Mishpat
Ruling: We will start with beit din’s ruling on def’s various claims that ostensible agreement to pay additional sums are not binding.
1. Due to financial, physical, and emotional pressure, def is not responsible for the decision – in order to not be bound by commitments, a person must be on the level of a cheresh, shoteh, or katan (Shulchan Aruch, Choshen Mishpat 235:20). Both in her appearances before beit din and in her recordings of her conversations with pl, def comes off as a fully capable adult who was aware of what she wanted and was willing to pay. As far as pressure regarding this deal, only when under special pressure (the gemara refers to a fugitive on the run) and an unfair price for the service, may one renege on the commitment (ibid. 264:7).
P'ninat Mishpat (827)
Beit Din Eretz Hemda - Gazit
625 - Who Caused the Renovations to Stop? – part II
626 - Who Caused the Renovations to Stop? – part I
627 - Who Caused the Renovations to Stop? – part III
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3. The page of additional charges was written when there was a relationship of trust – the fact that there had been a good relationship does not make an agreement optional or conditional on continued good relations, as long as there was informed consent. One who wants conditions must stipulate them.
4. The page of the additions was not signed – since def admits the page was composed together to serve as the basis for the continued work, it need not be signed to be a binding blueprint of employment (Beit Yosef, CM 331).
Therefore, def was obligated by her unsigned agreement to pay for additions. Comparing notations on various versions of the agreement raised doubts about agreement on certain elements. Based on that, a modest sum was reduced from the claim of 39,600 NIS.
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 Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 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
Rabbis in Midrash
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