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Ruling: Pl provided a picture of the joint wall, which shows a clear crack in it. Def’s contractor testified, but beit din found his testimony lacking in credibility. Def also chose not to interrogate a witness for pl who said that one of def’s workers came in soon after the damage was done, admitted responsibility, and apologized. All of the factors together lead to the conclusion that the damage occurred as pl describes.
A homeowner is allowed to do work on his property but only if he can ensure that it will not cause damage to his neighbor’s property (see Beit Yosef, Choshen Mishpat 155; S’ma 154:38). While there are different opinions about the level of responsibility, there is a consensus regarding a situation called "his arrows" (Bava Batra 22b). The Rambam (Shcheinim 10:5) says that when there is immediate damage to a neighbor by one working too close to the other’s property, it is as if he damaged "with his own hand." Since the work was done at def’s behest, def is responsible.
As far as claims of delaying and attempts to evade responsibility, pl was able to provide a great number of electronic messages sent to def with none of def’s responses showing an openness to adjudicate. Based on the timing, it is clear that def agreed to come to beit din only as pl’s suit in secular court was about to be heard. Therefore, while beit din does not usually make a litigant pay for the process leading to and of adjudication, that is when all acted in good faith. While we do not accept pl’s raising the claim after the litigation began without a good explanation, we do obligate def to pay not only the 3,500 NIS bill for the repairs (which were never coherently disputed), but also 4,000 NIS for the extra difficulties pl had in bringing him to justice due to def’s acting in bad faith.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
651 - Compensation for Questionable Firing
652 - Damages One’s Workers Might Have Caused
653 - A Worker Paying for a Stolen Car – part I
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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)
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 Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
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 P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Shoftim TESHUVA IN COURT OF LAW?
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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Parshat Re'eh
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Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
