YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: Under interrogation, def admitted that while he expressed dissatisfaction with the estimate, he never got pl to agree to a lower price. On the one hand, when there is no valid agreement on a worker’s wages, we obligate only the low end of the range of wages (Rama, Choshen Mishpat 332:4). However, since def knew what pl was demanding, and he told pl to proceed with the work, we apply the following halacha. If two sides to a sale demanded different prices and the negotiations ceased without conclusion, and the sale happened anyway, we treat it as if the one who initiated going forward eventually agreed with the other side (Shulchan Aruch, CM 221:1).
The above applies to the 142,000 NIS in wages, about which pl claims that he never waivered, not the schedule of payment, that was more clearly not finalized. Although def claimed that he would not have agreed to the fee if he would not get his way regarding the payment schedule, there is no evidence that the two were made contingent one on the other. While pl cannot demand immediate payment, the demand to wait five years is not a normal one. We therefore rule that def should pay, starting from the time of the ruling, in six equal monthly payments.
Pl claims that he did half of the work, whereas def said that he did only a small minority of the work. Beit din’s expert estimated the work at 35% of the full job. The expert claimed that based on standard arrangements, the fact that he did the work from the beginning should make him deserve an additional 10% of what was done. However, beit din did not request of the expert to recommend systems of compensation but only to estimate the percentage of the work done; beit din uses its own factors in determining how much is due. Beit din decides that for the work on pro 2, pl is to receive 142,000 NIS * 35%.
We will not reduce what is due to pl for leaving def in the lurch when he stopped working in the middle of the project. Def had not paid anything on pro 2 at the time and was not willing to do so for quite a long time. Beit din ended up ruling that this was not reasonable and pl had every right to stop working. On the other hand, since def’s stance was reasonable (even though mainly wrong), we will not penalize him for paying late.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
795 - P'ninat Mishpat: Amounts and Conditions of Payment to an Architect – part II
796 - P'ninat Mishpat: Amounts and Conditions of Payment to an Architect – part III
797 - P'ninat Mishpat: Amounts and Conditions of Payment to an Architect – part IV
Load More
Beit Din Eretz Hemda - Gazit
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
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
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 P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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)
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: 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)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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.
