YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: Seccon’s pricing is much higher than pl’s, which apparently indicates that they represent different levels of professional standards; def hired pl according to his prices and standards. Also, the objectivity of a professional hired by a litigant is always suspect. Therefore, we will neither base our rulings on seccon’s report nor require pl to take responsibility for minor aesthetic imperfections.
The Rama (Choshen Mishpat 306:8), regarding mistakes in the writing of a sefer Torah, posits that a worker is responsible for the type of mistakes that professionals of his type should not make, but that the sofer has the right to fix them. He also posits that if the worker fixed blemishes that professionals of his type are not responsible to fix, the employer must pay him for them. On the other hand, the Aruch Hashulchan (CM 306:15) rules that the employer can hire someone else to do the fixing if he does not trust the worker. The Pitchei Choshen (Sechirut 13:(41)) agrees with the Aruch Hashulchan, even if the new worker’s fee to be subtracted from the worker’s pay is higher than the original worker’s. In Eretz Hemdah-Gazit ruling 74005, beit din ruled that one can apply the Aruch Hashulchan only when there are verifiable grounds for not trusting the worker. Otherwise, hiring someone else to do the fixing is breach of contract, and the employer is in the weaker position (see Shulchan Aruch and Rama, CM 333:4). In this case, though, def had asked pl to fix certain clear flaws, and pl did not fix them properly. Therefore, def was justified in bringing someone else to fix it, and the cost can be deducted from pl’s fee.
Regarding damages pl caused, pl had the status of a shomer sachar (a paid watchman), who is obligated for damages, even if they were not based on outright negligence, as long as the damage was not beyond his control (Shulchan Aruch, CM 306:1). It is not a simple question whether the obligation is on the contractor or on his workers who did the damage. Pl was willing to take responsibility as far as fixing the damages, and in general, contractors are seen as the address for all such matters, since they choose the workers and deal with the employer. When it is possible and normal to fix the problem (as opposed to accepting the flaw as a fait accompli), the price of fixing is subtracted from the fee due the worker (Shach, CM 387:1).
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
711 - The Binding Nature of the Tentative Agreement – part I
712 - Contractors Fixing their Damages
713 - Rights of a Yishuv on Peripheral Land – part I
Load More
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 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.
