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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 (826)
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
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Used Car with a Tendency Toward Engine Problems
based on appeal ruling 84034 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
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.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
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.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
