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Ruling: Beit din rejected the legal claim of exemption from paying for benefit they might have gotten from pl’s outlay (the sources/logic were not appealed). However, pl failed to prove that what he built helped def, and therefore there is no ruling for payment.
Appeal: Pl pointed out that they brought expert witnesses regarding the value of the wall and the need for a wall. If that did not suffice, beit din should have arranged an expert witness to determine the extent of def’s benefit from the wall, instead of ruling that because they did not know, no payment was coming. He also claims that since the difference between what pl built and the addition that def did was18,769 NIS, def should have had to pay at least half of that, without needing an expert. Def rejects the appeal because the failure to bring an expert is not one of the grounds for appeal (which are: a mistake in Halacha, a clear mistake in the understanding of the case, a mishandling of the adjudication). Def argues that pl had enough opportunity to prove whatever he wanted to, and pl’s experts did not prove there was a net gain for def from pl’s wall.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
695 - Agent who Did Not Set Agent’s Fee
696 - Did Beit Din Research Enough?
697 - Did He Leave the Elevator Work “Between Floors”?
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In this case, beit din went beyond the requirement and made significant efforts to bring experts, starting with the engineer who designed the plans for both sides, but as the sides were told, the engineer refused to take part. Beit din looked to several other experts and one who they decided upon asked for the building permit and several measurements, to which pl complied only partially. Since pl did not cooperate fully, he cannot complain about the matter. Regarding the claim that it is obvious that the partial wall was helpful, this is simply not always the case, as the way additions and an original part of the wall interact are complex and should not to be taken for granted.
Beit Din Eretz Hemda - Gazit
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Rabbis in Midrash
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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)
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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)
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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.
