Yeshiva
Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Ruling: [We saw last time that def was bound by their agreement and cannot renege based on misinformed consent. Now we discuss how much to pay.]
Since 3,500 NIS was the basic price for the game and in this case def did not get to benefit from it, paying that amount turns out to be a penalty, and possibly an asmachta (an obligation one never expected to be actualized), which is not binding (Choshen Mishpat 207). However, in this case, the sum is not exaggerated, due to pl’s loss of income (see Bava Metzia 104a), as work was done and def backed out at the last moment. This is strengthened by the fact that this type of clauses are standard in many present-day contracts. Therefore, the cancelation fee of 3,500 NIS is binding.
There are two issues regarding the late fee of 7,700 NIS – asmachta, and ribbit. First, considering that the initial payment in this case is itself only a penalty, to attach such a steep appreciation is exaggerated and therefore a problematic asmachta.
Regarding ribbit, the Shulchan Aruch (Yoreh Deah 177:14) rules that if one obligates himself to pay a certain amount for late payment, it is forbidden because of ribbit. We have found a very novel idea by Rav Shlomo Zalman Auerbach that when one pays extra after not paying, it can be considered paying for his treachery rather than ribbit if he was not given permission to pay late. Others argued on Rav Auerbach based on the Rashba (Shut I:651). Therefore one cannot extract this late money when it is not clear that def is obligated. Because def’s delaying was wrong (as even they admit), def will have to pay the full beit din fee.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
630 - Reservation of an I-pad Game – part I
631 - Reservation of an I-pad Game – part II
632 - Did the Advisor Do Enough?
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
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: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
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
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
