YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: [Much of the ruling deals with technical analysis, and this is not the place to review it. We will focus on principles of Halacha and jurisprudence.]
Beit din agreed not to rely on pl’s expert and had the sides pay for a court-appointed expert, whose identity the sides agreed to. Because the sides were hesitant to pay the costs of this investigation, beit din set out the following rule. If the findings are in support of one side, then the other side shall reimburse him for his half of the expense of the expert.
The expert found that the areas of seepage are in pl’s side of the roof, in addition to flaws in the water insulation of the wall, which he surmises was caused when pl drilled into the wall. Pl pointed out what he alleges are several flaws in the expert’s report, but the expert answered his questions, albeit not to pl’s satisfaction. Since all agreed in advance to the expert, we accept his findings and see no grounds to obligate def.
We move now to the counterclaims. There are signs that the actions that def took to improve the insulation on his side were partially successful. Therefore, we cannot view them as groundless and make pl pay for them. After the expert suggested that there is liable to be damage in the future by means of the wall, def demanded payment to deal with that. We do not accept this claim because the expert was not authorized to determine who caused flaws but only to find where the leaks are. Additionally, the expert did not even say that there was presently seepage from the wall but only that there could be in the future. Regarding the need for the wall, during the inspection, def said twice that he built it for privacy, and therefore it is troubling that his lawyer demands compensation as if it were done to protect pl from leakage. Therefore, no counterclaims are accepted.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
713 - Is Continuing to Work in a Different Capacity Like Being Fired?
714 - Who’s Responsible for the Leak?
715 - Was the Garden Included?
Load More
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
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
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
