Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: [Last time we saw that while pl would be expected to follow ins’ instructions, def would receive a reduction for elements that were not carried out.]
We must take a look at an unusual legal setup in this project. The yazam (developer) of the project is the yishuv and this set the tone for the work, but for technical reasons, each homeowner received the plot directly from the Land Authority and signed a work contract with the contractor. Therefore, the individual specifications an individual had were not as impactful as the plans and instructions of the yishuv’s professionals, such as ins. While one might expect then that def would have accepted the practical arrangements, we see that he did not.
There is a document with certain financial principles of the project that pl’s office sent out to the buyers five days before def signed his contract. Def claimed to have never seen the letter nor taken part in meetings of the buyers with ins, and pl is not able to dispute this. While pl was negligent in not attaching this document to the contract which was signed soon thereafter, they did already publicly express their intention not to be bound by everything that was written in the contract (moda’a). From def’s perspective, by his own account, he did not complain about things that were not being done until soon before the final payment, and was not even aware of many of the things that he now claims were promised when he signed the contract. Generally one is not believed that he signed documents without knowing their contents (Shut Harashba VII:77). But in this case, the claim is for the benefit of the other side, and it shows that def relied upon pl. [Because of this and other factors,] we will rule based on compromise, and give def a reduction of a 1/3 on those things that are in the specifications but were not required of pl by ins.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
615 - What Determines the Builder’s Responsibility – part I
616 - What Determines the Builder’s Responsibility – part II
617 - A Loan or a Partnership? – part I
Load More
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
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: Sharing in Plumbing Expenses – part I
based on ruling 85013 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: 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: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 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
