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- Chemdat Yamim
- P'ninat Mishpat
Ruling: First we must determine if def can be held responsible for damage that pl physically himself caused by plugging in and turning on their appliances. When one shows a moneychanger coins he is considering accepting and the latter mistakenly approves them, the moneychanger is obligated to pay for the loss if the customer informed him that he would be relying on the appraisal (Shulchan Aruch, Choshen Mishpat 306:6). The Netivot Hamishpat (ad loc. 11) claims that when one has paid for the advice, he does not have to state that he is relying on it. When def told pl that the apartment was ready for full occupancy and this belief caused damage to the appliances, def became obligated to pay.
Additionally, in the contract between def and pl, def accepted responsibility for flaws in building (which are done by a contractor’s workers or subcontractors). Only in the case of unusual extenuating circumstances is one who obligated himself exempt (Gittin 73a).
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
604 - Promotion that Didn’t Fully Happen
605 - Responsibility for High-Voltage Damage
606 - Dispute on the Manner in which a Rental Ended
Load More
There are two ways to appraise damage in such cases: 1. To see how much the object’s market value depreciated. 2. To have the damager pay for repairs. There can be a significant difference between the two regarding cases a used object. Rav A. Scheinfeld (Chok L"Yisrael, Nezikin pp. 194-196) demonstrates that the classic halachic means of appraisal is the former. However, Rav Y. Blass (Techumin, v. XIII, p. 389) points out that this is often unfeasible when the object is something that is not normally sold so that the change in value before and after the damage is negligible. Rather in many cases, it is logical to make the damager pay to fix the damage. In our case, we prefer to have def pay according to the price of fixing.
While it is now too late (the appliances were replaced and discarded) to know for sure if the appliances could have been fixed, we will obligate def not for their full value but for how much we could have expected to have made them pay for fixing it, which is 1600 NIS between the two appliances.
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
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 Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
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: Undoing a Problematic Partnership – part I
based on ruling 84061 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
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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
