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- P'ninat Mishpat
Ruling: We conclude the series with different opinions on splitting profits.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
751 - Profits from Formerly Joint Swimming Pool – part
752 - Profits from Formerly Joint Swimming Pool – part III
753 - Disagreements over Renovations – part II
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Def’s admission is telling, as it says that pl should be paid the value of the pool. This could mean only that pl owned the pool, which is meaningless since it has been destroyed. However, there are various indications that the intention is that profit payments should at least be enough to cover the pool’s cost. However, the dayanim disagreed on the proper formula.
Dayan 1 – Every "pool season" has around 50 days, and the revenues can be up to 400 NIS a day. We will estimate that def arranged for a total of 20 full days a season and that expenses were 10% of revenue, giving pl profits of 180 NIS a day. Thus pl’s part is 3,600 NIS per summer X 6 summers = 21,600 (which exceeds the price of the pool).
Dayan 2 – Since pl intended to make a profit on his investment and it is guesswork how much profit there was, we will give him the equivalent of profits had he invested in a standard, medium risk investment. [Sparing the reader the tables on various investments,] the amount that resulted was 21,861 NIS.
Dayan 3 took a very different and complicated approach [which we will not share for interest of space] and did not want to award pl more than the price of the pool. The ruling is like the in-between opinion – 21,600 NIS.
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 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 Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 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: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
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