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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 (832)
Beit Din Eretz Hemda - Gazit
673 - Paying for Changes to Building Project –part I
674 - Paying for Changes to Building Project–part II
675 - A Commercial Rental for a Closed Business – part I
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Beit Din Eretz Hemda - Gazit
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 Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
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: 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: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(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)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
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.
