- Sections
- P'ninat Mishpat
Ruling: The contract is not clear as to pl’s required level of involvement in picking materials, or whether she could refuse to help in it other than taking part in the special choosing-material days for an extra charge. It is also not clear if plans that a carpenter could use for his work but did not provide "facades" or specify "finishing materials" are sufficient.
Therefore, we will employ the rule that the one who wants to use the contract to extract money has to provide proof that the contract supports his claims. In this case, that means that pl has to prove that she fulfilled her obligations sufficiently, which she did not do. On the other hand, def’s claims that pl fulfilled only 3-4% of her responsibilities in picking materials is clearly false. Pl did come to a regular and an extended day of choosing, and there are WhatsApp messages of her answering extensive questions on the matter.
In order to quantify the matter, it would be necessary to employ an expert, but for the size of the suit it does not make sense to spend the required money on a beit-din-appointed expert. The two sides agreed that beit din could share the details of the case (without names of litigants) with an interior decorator to receive an informal, pro bono appraisal. With that help, beit din decided that 15% should be taken off pl’s claimed wages.
Regarding the proper compensation for the extra-long day of choosing materials, the claims of both sides contain significant logic. Therefore, we will not alter the amount of 2,300 NIS, which def already gave to pl (albeit under protest).

P'ninat Mishpat (762)
Beit Din Eretz Hemda - Gazit
637 - A Loan or a Partnership? – part II
638 - When Does the Designer Finish her Job?
639 - Was the Store Already Bought? – part I
Load More

P'ninat Mishpat: Proof Needed to Remove a Squatter – part I
based on ruling 81116 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Cheshvan 5784

P'ninat Mishpat: What is Included in Costs of the Elevator?
based on ruling 82159 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Tishrei 5785

Counter Claims – part III (Privacy, Housing Unit, Pipes, Aravot)
Beit Din Eretz Hemda - Gazit | Tevet 5784

Responsibility for a Collision
Various Rabbis | Tamuz 15 5778

Beit Din Eretz Hemda - Gazit

Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
Sivan 8 5782

A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
Shvat 1 5782

Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
18 Sivan 5784

Interceding Regarding a Will
Igrot Hare’aya – Letters of Rav Kook #105
Sivan 28 5782

How Does a Person Convert to Judaism?
Rabbi Yirmiyohu Kaganoff

What Do These "Shovavim" Days Mean to Us?
Rabbi Gur Aria Argamon | Tevet 20 5783

How Does a Person Convert to Judaism?
Rabbi Yirmiyohu Kaganoff

Purim Meshulash Guide for those in Yerushalayim Only
Rabbi Yirmiyohu Kaganoff | Adar 2 5768

Ties to Religiously Controversial Events/Organizations 1. #293
Date and Place: Iyar 5670 (1910), Yafo
Beit Din Eretz Hemda - Gazit | Shevat 5785
Daf Yomi Sanhedrin Daf 56
R' Eli Stefansky | 13 Shevat 5785

P'ninat Mishpat: Unpaid Fees of a No-Show to Beit Din
based on ruling 84052 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Shevat 5784
