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Ruling: Ribbit as part of the price: Def claims that the fee for the second project should have been 66,000 NIS and the 142,000 NIS was because of def’s demand that the payment be put off for years, so that he need not pay the difference because it is forbidden to pay ribbit. Beit din rejects this claim. The itemized stages of payment in the price estimate demonstrate that the payment is for the work, not for waiting. Although def’s agreement is conditional on late payment, it does not turn the charges into late-payment increases, but is a concession regarding time of payment. Additionally, as long as there is not a demand of extra pay for extending the payment until after the completion of the work, it is not ribbit.
A few more percent for hard work in the beginning: The expert who estimated that pl completed 35% of the work when he stopped, said that it is traditional for payment of 10% more than the amount due when stopping after the first stage because the first stage includes extra work, but the first beit din obligated only 35% because there was no proof the beginning work was harder. The appeal beit din noted that according to the division of payments in the estimate, pl stopped working when 50% of the payment was due. While this is not enough to obligate 50%, it lends credence to the idea of adding on a few percent, and so the appeal to obligate 38.5% is accepted.
Payment of VAT: When stating the amount due, the first beit din did not write that coverage of VAT should be added. Def says there is no need for VAT because the payment is for compensation, not work. However, pl is correct that the payment is for professional work rendered, which requires paying VAT, the payment of which falls on the recipient of the services.
Payment plan: The first beit din spread out the payment plan over six payments. The general rule for payment of a beit din ruling is 30 days. It is true that this can be extended when a large amount of money is deemed to require more time to arrange. However, since both the original wait for payment and the length of the adjudication were great, it is not right to make pl wait so long. Therefore, we decide that the payment should be in two installments, a month apart.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
797 - P'ninat Mishpat: Amounts and Conditions of Payment to an Architect – part III
798 - P'ninat Mishpat: Amounts and Conditions of Payment to an Architect – part IV
799 - P'ninat Mishpat: Normalizing an Agreement that Becomes Absurd
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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
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: Multiple Agreements and Parties – part IV
based on final ruling of 80082 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: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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.
