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Ruling: Pl does not have proof that def’s actions caused the damages. Of course, one of the major rules in monetary law is that one who wants to extract money has to prove it is called for (Bava Kama 46b).
On the other hand, in many cases, the one who denies a claimed financial obligation has to make a Rabbinic-level oath (shvu’at heset) that the claim is not true. In lieu of the oath, which is no longer administered, a partial payment is made. However, the plaintiff’s definite claim is a requirement of a shvu’at heset (Shulchan Aruch, Choshen Mishpat 75:17). In this case, pl claims that he knows that def is responsible, but this knowledge comes from what his brother says in the name of the second contractor. Regarding such a case, the Rama (ibid. 23) cites two opinions on whether one can administer an oath based on the testimony of another, who did not testify in beit din. Even according to the opinion that this is a valid source, that is only when the litigant can attest to the witness’s reliability, which pl is not able to do. Therefore, there is no need to award pl money by means of compromise.
There is another reason that pl has little room for complaints against def. Def responded promptly and responsibly to fix that which needed fixing, even when it was likely not his responsibility, and he was willing to continue doing so, if a neutral expert thought he was responsible. It was pl’s brother’s decision to have someone else take over the work and make it impossible to figure out if def was responsible. This is another reason not to take any payment from def without proof.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
703 - Extent of Partnership – part II
704 - Did the Renovations Cause Damages?
705 - Realtor Fee Without a Contract – part II
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Beit Din Eretz Hemda - Gazit
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based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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