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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 (829)
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
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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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.
