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Ruling: Def’s ability to do the repairs: The contract requires a period at the end of the project for fixing deficiencies within a short period of time. Pl was able to document repeated requests for such work, and def was very slow, for whatever reason, in coming forward to work. The Shulchan Aruch (Choshen Mishpat 306:8) says that a worker who was warned to fix his work and does not do so can be fired. It suffices for him to be warned to fix, and he does not have to be warned that he will be imminently fired. As far as the time frame, not only were the delays objectively unacceptable, but also they were not in line by the standards spelled out in the contract. Therefore, def lost his right to fix the problems himself.
How to fix the tiles: The shade of tiles that were installed are no longer available. Although def blames pl for not ordering enough tiles to be able to switch those that must be replaced, according to the expert, pl ordered more than enough. At one point, def admitted that the first tile setter he brought was not professional enough. According to the expert, the number of problematic tiles makes it proper to switch the tiles in all the "public areas," which he estimates as costing 27,489 NIS.
Payment for lateness: Pl demanded to take off 13,000 NIS for lateness, and def agreed to 10,000 NIS. Def does not feel obligated for the two weeks he attributes to the worker’s absence due to exposure to Covid. Beit din rejects that claim. It is true that one is exempt from obligations that he ostensibly is bound to because of oness (extenuating circumstances). However, since def signed the contract a year into the pandemic, he was aware of the likelihood of delays due to Covid and yet he still obligated himself without condition (see Rambam, Mechira 19:6). Although one could have exempted def based on asmachta (he didn’t believe the obligating circumstances would happen), here since we are not making def pay but only receive less payment, asmachta is not an exemption (based on Shulchan Aruch, CM 207:11).
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
737 - Veto Power of Special Stockholders – part III
738 - Dealing with Shortcomings of Building Project
739 - Claims on the Return of a Rental Apartment
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
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 Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 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: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
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)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
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.
