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Ruling: It is apparent from the written contract that the mechanism of payment by hour continues past the ten hours. Neither side claims that the other side lied or purposely misled the other. However, even if def thought that the initial stage would not take much longer than ten hours and that they would then negotiate, they are bound to the written words they signed. We apply the rule that regarding monetary agreements, matters one had in his heart are not consequential (Shulchan Aruch, Choshen Mishpat 207:4). The logic to extend this even to a case where the one obligating himself actually misunderstood is either that we assume mechila to go along with that which he unintentionally agreed to or that a person is responsible for what he should have known (see Chok L’Yisrael, Pegamim B’chozeh, p. 118-119).
All agree that def let it be known that they asked at some point to change the pricing system; the sides disagree about whether pl acquiesced orally. However, def agree that there was not a new agreement in place, and so since def continued to employ pl, it is based on the old agreement (see Aruch Hashulchan, CM 333:30). If def were not willing to continue according to the existing agreement until changed, they should have stopped pl’s work. In fact, they did so did only months later.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
670 - Do Good Wishes End a Rental?
671 - Limiting Exorbitant Lawyer’s Fees – part I
672 - Limiting Exorbitant Lawyer’s Fees – part II
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Beit Din Eretz Hemda - Gazit
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
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 Complaints about Contractor’s Work – part II
(based on ruling 83037.1 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: Agricultural Water Rights – part II
based on ruling 84122 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
