YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: The artistic pieces were brought to beit din. Even to a non-expert’s eye, it was clear that the strips of which the forms were made were not of uniform width, which caused the lack of a smooth look, and had scratches and other imperfections. The fact that they were to be used for fine art was well known to pl, and they were not of that quality. Much of what was given could not have been fixed, but would have to have been replaced. Based on the context of the order, the average person would have rejected the brass strips, which provide the grounds for mekach taut (voiding the sale).
Does def’s delay in complaining about the imperfections preclude mekach taut? One must also consider that as opposed to a regular case of mekach taut where the object can be returned, since they have been firmly glued to the glass, they effectively cannot be returned. The Shulchan Aruch (Choshen Mishpat 232:18) rules that in such a case, if the bought object was used in a normal manner before the blemish was discovered, it can still be returned for full value. Def explained how due to the flimsiness of brass strips, the extent of the problem could not be appreciated until the art work was put up.
The question of whether def should have been expected to check the quality of the strips before connecting them to the glass relates to a Maggid Mishneh (Mechira 15:3), who brings two opinions on this fundamental point. Many poskim (see Pitchei Choshen, Ona’ah 13:9) point out that the requirement to check applies only when it can be done easily, which is not the case here. Therefore, def has to pay pl only for the part that was used, based on which, beit din estimates that pl needs to return 2,800 NIS to def.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
629 - Who Caused the Renovations to Stop? – part III
630 - Unartistic Material for Artistic Work – part I
631 - Operating a Preschool in a Private Building – part I
Load More
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 Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
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
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
