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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 (825)
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
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 III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Peninei Halakha 5. Weddings and Engagements during the Omer Period
Chapter 3: Customs of Mourning during the Omer Period
Peninei Halakha 5. Weddings and Engagements during the Omer Period
Chapter 3: Customs of Mourning during the Omer Period
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
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Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
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Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
