YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: Cause and consequences of pl’s quitting – Pl claims that the number of changes and lack of clear plans made it highly inefficient for pl to bring in subcontractors and workers. Def claims that the number of changes was appropriate for the project.
An employer cannot change the work ordered to more difficult work (Tosefta, Bava Metzia 7:3), both regarding a hired worker and a contractor. Multiple witnesses who were involved in the work testified that the changes and lack of detailed plans made the work much harder than usual. While def may make changes, it justifies pl receiving commensurate compensation. Since def refused to give what we consider fair payment, pl was justified in stopping to work and receive full payment for what he did, without deducting the extra expense of bringing others to finish.
The authority of ins: The contract states that ins will decide if and how much should be charged for changes to the work. However, beit din rules that pl should be able to appeal such decisions to beit din, who should overrule ins if and only if his decision is clearly unreasonable, based on market realities. This is in line with the Shulchan Aruch’s ruling (Choshen Mishpat 227:25) that if a sales price was supposed to be decided by an appraiser and he was off from the standard price enough to be ona’ah, the laws of ona’ah impact the sale. The Aruch Hashuchan (ad loc. 26) explains that he did not mean to rely upon the appraiser if he was "off base." This can be assumed to be so here especially because ins was hired and paid for by def.
Damage to mechanism to lower and raise blinds: An electrical overload toward the end of the building damaged some systems that were attached at the time, and def demands to be compensated for it. Experts who testified said that the main problem was a defective circuit breaker, which is rare (app. 1/1,000) considering the brand used was reputable. The expert brought by def claimed that while most electricians do not check such things, it is proper to check that the circuit breaker is working before attaching appliances.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
762 - P'ninat Mishpat: Questions of Changing Work Orders
763 - P'ninat Mishpat: Unpaid Fees of a No-Show to Beit Din
764 - P'ninat Mishpat: Used Car with a Faulty Motor
Load More
Beit Din Eretz Hemda - Gazit
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
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
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 P'ninat Mishpat: Return of Down Payment Due to War – part I
based on ruling 84044 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
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
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
fast navigation
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.
