Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: 1. Fire safety system: Claims: When def gave pl access to the stores, the fire system did not work, which prevented pl’s renters from receiving permission to operate the stores. To save the situation, pl spent 10,675 NIS to have a new system installed. Pl claims that def is responsible because he did not fix the system promptly. Def counters that the whole problem was one faulty battery, and he should not have to pay for the unnecessary expense of pl installing a new system, separate from the whole building’s system, and that part of the problem with the system was changes pl did to the stores.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
711 - Compensation for Transfer of Business to One Partner – part VII
712 - Problems Arising from the Sale of Stores in New Project – part III
713 - Paying Damages for a Biting Dog
Load More
2. Flaws in the ceiling and walls: Claims: Pl claims that there are many flaws, just that they are presently covered by a drop ceiling. Def counters that due to the drop ceiling, they cannot even know if there are any problems, and that if there are problems, they would be ready to fix them, which they cannot do now. Also, for the foreseeable future, any flaws would not cause problems.
Ruling: The claim is dismissed on a couple grounds. First, with a lack of proof that there are flaws, strict law does not call for payment. Second, when there is not a good reason to disallow one who is responsible to have something fixed from doing so himself, according to the Tumim and Netivot Hamishpat, the damaged side cannot force the obligated to pay money. Finally, as long as there is no plan to raise the ceiling, there is no damage to pay for.
3. Misplaced door: Claims: Pl claims that he wants to move one of the doors, which was not installed according to plans (cost estimate is 3,500 NIS). Def responds that pl saw the location on the day of transfer and accepted the situation. Pl denies agreeing. Def was asked to provide records of the day of transfer but found only one page.
Ruling: Since there is a definite deficiency and only an unproven claim of waiving of rights, def should pay. The need to move the door and its practical cost are not fully clear. Based on compromise, we obligate def 2,500 NIS for this.
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 Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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
