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Ruling: [Last time we saw that the price estimate, not the plans, are the binding guide for what pl was obligated to do and def was obligated to pay.]
Mekach ta’ut – Mekach ta’ut can void agreements, but it must pass a high bar. Also, after a fair amount of work was done, def came to pl’s house with a payment and a bottle of wine in appreciation for pl’s good work. Pl presented himself as an expert contractor, which def has not refuted. The fact that he made mistakes due to a lack of experience with the location’s unique topography and soil does not mean that he could not learn certain things on the job. One dayan adds that one cannot claim mekach ta’ut based on a blemish that can be fixed without the need to totally discard that which was previously done (see Shulchan Aruch, Choshen Mishpat 232:5), such as the flaws pl was responsible for. Furthermore, even if we were to employ mekach ta’ut, there is still a requirement to pay for the great majority of work, which had value, so the question of mekach ta’ut is close to academic.
After calculations, beit din found that def owes pl 30,233 NIS.
Linkage of debt: Poskim are against linking debts to the CCI because it is not a true indicator of the value of money, and therefore this violates ribbit (usury). This is particularly so here where the delay did not cause pl to encounter more expensive building costs. Regarding linking to the consumer price index (CPI), some base permission to do so on the Yam Shel Shlomo (Bava Kama 9:13), who says that when someone who owed money, inexcusably pushed off the creditor and the currency of the loan changed to a more expensive one, he can be made to pay in the new currency. However, the Shach (CM 74:27) disagrees. In any case, nothing as dramatic as a currency change occurred here. On the other hand, Rav Auerbach (Minchat Shlomo I:27) says that when one does not pay a loan when he was supposed to (ribbit is classically when one returns more money later, based on agreement, not refusal to pay), he needs forgiveness, and increased payment as forgiveness is not ribbit. In this case, instead of linking the payment per se, beit din obligated def 6,000 NIS for taking years to submit to beit din.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
753 - Profits from Formerly Joint Swimming Pool – part III
754 - Disagreements over Renovations – part II
755 - Damages of Movers
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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.
