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Ruling: Transportation of materials to build scaffold – Although the contract does not discuss transportation of the materials, logic dictates that if the scaffold was necessary for def’s work and will not remain with the final product, then def was to transport these materials like all other tools.
Reneging on the agreement of 6,000 NIS – There are two ways to look at def not charging more than an additional 6,000 NIS: it was mechila of (relinquishing rights to) that which he deserved; it was a peshara (compromise) as to what he deserved to receive. Mechila does not require an act of kinyan to be binding, and peshara does (Shulchan Aruch, Choshen Mishpat 12:7-8). The explanation is that one who is mochel understands better what he is doing, whereas when one agrees to peshara, it is more likely that he agreed based on a misunderstanding of his rights (Sanhedrin 6a). The Shach (ad loc.) says that this requirement of a kinyan only applies to pesharot upon which beit din presided, whereas those done by the parties are binding without a kinyan. Possibly, according to the Maharam Lublin, the source of the Shach, this is only when the sides give up their rights and not when they are arguing about money and either could lose. However, the Shach seems to treat our case like that of people who prefer to decide the matter themselves rather than adjudicate, so that it would be binding. Therefore, we do not allow def to back out of the agreement.
Reduction from VAT – the contract does not address this matter, but pl says that this is because they do not want in writing that def is granting an "exemption" from VAT. In any case, pl did not prove an "exemption." In practice, def has paid VAT on the entire sum, and the question of VAT was already on the table when the sides agreed on the 6,000 NIS. Therefore, pl must pay def for full VAT.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
636 - Paying for Changes to Building Project –part I
637 - Paying for Changes to Building Project–part II
638 - A Commercial Rental for a Closed Business – part I
Load More
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)
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 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: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 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
