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Ruling: There are two grounds for obligation to pay for services: agreement (missing here); benefit received (debated here; see Shut Harashba IV:125). In this case, an Israeli law (from 2012) precludes a realtor’s ability to demand a fee without a detailed contract. The point of the law is to prevent situations of dispute whether a fee is warranted and how much it is. The law is designed even for cases where the benefit from the work is clear. Beit din generally accepts this law, although in certain cases, where its logic is not pertinent and not levying the fee would cause an injustice, our beit din may obligate, at least partial, payment. This is based on the presumption that the rabbinic community should be in agreement with a law for it to be halachically binding (Shut Chatam Sofer, V:45).
Def seems to have received great financial advantage from the purchase, pl did put serious work into it, and pl could likely have marketed it to someone else. Therefore, it seems unfair for def not to pay anything. Although def said to fm and his lawyer that he was unwilling to pay, the Pri Tevuah (cited in Pitchei Teshuva, Choshen Mishpat 264:3) says that he must pay for the benefit received. The Chazon Ish (Bava Batra 2:6) agrees in cases where the recipient’s benefit is evident and it is unfeasible for the provider to take back the benefit provided. Since some disagree with the Pri Tevuah or limit the ruling to cases where the recipient never showed interest in the service (see Pitchei Choshen, Sechirut 8:(64)), the matter depends on a machloket. Although def’s claim that he was not interested in the purchase if he had to pay more was not proved, we cannot extract payment out of doubt.
At times, it may be possible to force someone to pay, especially to a worker, beyond the letter of the law (see opinions in the Rama, CM 12:2). However, here, pl bears some fault, as he had ample opportunities to have def sign a contract. While pl’s demand for payment may have been miscommunicated before the contract was signed, it behooved pl to inquire how def responded to it. His failure to do so seems to indicate that pl preferred to make sure that def bought the property and then to try to receive payment based on moral persuasion. Therefore, beit din exempted def totally.
P'ninat Mishpat (831)
Beit Din Eretz Hemda - Gazit
787 - P'ninat Mishpat: How Much Was Agreed to Pay for Renovations?
788 - P'ninat Mishpat: Realtor Fee Despite the Buyer’s Refusal?
789 - P'ninat Mishpat: Overpaying Rent by One of the Roommates – part I
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 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
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
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)
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)
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)
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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)
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)
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.
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)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
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Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
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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.
