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Ruling: In order to determine the sides’ legal status regarding the pool, beit din asked hypothetical questions as to what would happen in various scenarios, prompting a fair amount of agreement. The result is as follows. The pool remained pl’s, and def had responsibility only for damages emanating from him. If the pool would be sold, pl would receive all of the proceeds. Def would have borne the losses of operational deficit. The sides agree that profits were to be shared, with the dispute being on whether pl gets everything until the price of the pool is returned. On this, the ruling is that the burden of proof is on pl that he is to receive more than what def agrees. Pl lacks documentation on this.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
747 - Repercussions of a Sale that Turned Out Not Happening – part III
748 - Profits from Formerly Joint Swimming Pool.
749 - Profits from Formerly Joint Swimming Pool – part
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There are different ways one can potentially look at def’s continued commercial use of pl’s pool after the partnership was essentially over. If we view it as theft, then def would have full responsibility to return it no matter what happened, but pl would not receive part of the profit. However, in a similar case, the Chatam Sofer (CM 178) says that we do not assume a person has in mind to misappropriate someone else’s object, as we do not assume people are acting as sinners. Rather, they probably have in mind to continue sharing the profit, in which case, pl would presumably be happy that def was producing profit from it on behalf of both of them until it was returned.
We will continue with other elements of the case next time.
Beit Din Eretz Hemda - Gazit
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P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
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P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
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P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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