YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: [After discussing complaints about the rented location, we now discuss the matter of merchandise supplied.]
Regarding the factual question of how many lulavim pl received and must pay for, we accept pl’s claims for the following reasons. First, they are defendants in this matter who are saying definitively that they did not become obligated in more of the payment than admitted. In contrast, def2 seek to receive payment and also do not sound as confident that they gave all but 40. We also expect pl to remember better, as they were dealing only with their small orders, as opposed to def2 who sold 40,000 sets to many dozens of retailers. Whether or not it was customary or wise to do so, pl have a right to accept only the merchandise they ordered, and so they are exempt from paying the 16 NIS each that the 80 lulavim cost, for a savings of 1,280 NIS.
Based on the prices discussed in beit din, pl is claiming that the lack of preserved lulavim caused 20 sets to not be sold (11% of full sales). This is not an exaggerated claim, but the burden of proof is still on pl that the shortage of preserved lulavim caused them to sell significantly less to the degree of certainty to obligate for damage in the form of preventing gain. It is also not clear that pl did not have alternatives to have prevented the damage, such as accepting the alternatives or buying the extra lulavim from a different supplier (pl claimed that def2 repeatedly promised they would provide what was ordered). Therefore, according to strict Halacha, we cannot obligate def2 in damages. On the other hand, def2 themselves said that when an order is not delivered as promised, the buyers and sellers work out a compromise. It is also possible to give a reduction to pl on the other elements of the sets that they bought and did not use. The dayanim disagreed whether and how to calculate a small compromise on this point [the details of which are too technical for this forum.]
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
669 - Disappointment with Arba Minim Sales Provisions – part II
670 - Disappointment with Arba Minim Sales Provisions – part III
671 - Aftermath of a Complex Partnership – part I
Load More
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 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 Who Breached the Contract? – part IV
Based on ruling 81087 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
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
Lessons
fast navigation
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.
