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Ruling: Added expense of materials – Since this was not in def’s contractual obligation but he was asked to do so as a shaliach doing a service on pl’s behalf, pl is required to pay whatever reasonable price def paid for it (def provided valid receipts). Only if def had overpaid would pl have a claim (see Shulchan Aruch, Choshen Mishpat 182:3).
Charges for changes – The misunderstanding occurred largely because pl interacted with def’s workers rather than with him, and they suggested improvement without discussing price. On the one hand, it was wrong of def, who knew about the changes, to not inform pl of their cost, considering pl’s running a tight budget on the project. Although the contract mentions price modifications for changes, they should be clear. On the other hand, charges for changes to building projects are normal, and it is not always feasible to stop the work each time to negotiate its price. The majority of the dayanim put the onus on def, who is the professional in this matter. On the assumption that pl would not have wanted the improvements at the price def demands, def is considered like one who did work for another without permission. Although the property owner must pay for any benefit from the work, our case is considered like that of one who tells the worker to take back his additions, who is exempt from paying (Shulchan Aruch, CM 375:6). According to one dayan, def should not benefit without paying anything for it, and the idea of taking back additions does not apply here because it is unfeasible here to undo what was done, and therefore 30% of this claim should be accepted.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
671 - Did the Owner Exhaust his Opportunities? – part II
672 - Paying for Changes to Building Project –part I
673 - Paying for Changes to Building Project–part II
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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 III
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 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 Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 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
Rabbis in Midrash
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Shoftim TESHUVA IN COURT OF LAW?
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Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
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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)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
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)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
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.
