Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: A major part of the disagreement relates to the fact that there are different parties in the project. In actuality, the yazam (project developer) is the yishuv, who hired ins and was in charge of the major elements of the project on behalf of the different homeowners. On the other hand, the contracts, signed by individual landowners and pl, describe the agreement as one between individuals and a contractor. Therefore, pl views the decisions of ins, which were approved by the landowners’ representatives as having legal standing for all, even when they contradict the specifications that def (and others) had been given.
According to the updated rules of precedence in decisions, which def signed, ins is indeed authorized to make decisions. The rules do state that this is the case when it is written in the project’s log. It is possible to view that provision as essential, i.e., that an oral decision is not binding even when it is not disputed that it took place, or to look at it as only descriptive, i.e., ins is expected to write things down so that questions do not arise as to what he said, but when not in doubt, his decisions are valid. According to logic and common practice, the latter is correct; matters that are evident regarding parties’ intentions supersede written word (Tosafot, Kiddushin 49b).
Even though we accept ins’ instructions as determining that which should have been done, this does not mean that ins is authorized to relinquish def’s contractual rights. Therefore, if an element from the specifications was not carried out, def is entitled to have the value of that element reduced from the amount due to pl.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
614 - Payments for Leaving Apartment in Disrepair
615 - What Determines the Builder’s Responsibility – part I
616 - What Determines the Builder’s Responsibility – part II
Load More
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
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 Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 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: Late and Flawed Apartment
based on ruling 82174 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
