Yeshiva
Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Abridgement of First Court Ruling: Testimony indicated that while the yeshiva’s survival was questionable, pl made improvements that increased its viability, which may warrant def’s compensation. However, since def had spent a lot to keep the yeshiva operating, they were unwilling for further investment. This makes it like the Talmudic case of a field not made for planting (Shulchan Aruch, Choshen Mishpat 375:1), where clear benefit from the actions appears lacking. Additionally, the Rashba (Shut VI, 111) states that if the recipient explicitly refuses to pay for claimed benefits (as written in the agreement), he is exempt. While some say there is still payment when there is clear benefit, this is not the case here.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
787 - P'ninat Mishpat: A Used Car with a Tendency Toward Engine Problems
788 - P'ninat Mishpat: Benefit from Unsolicited Efforts of the Plaintiff
789 - P'ninat Mishpat: Damage from Renovations
Load More
Claims of Litigants on this Point: Pl argues that the yeshiva could not have survived without the improvements, and that they paid to make a "camp" for the students during vacation because this was something the yeshiva owed to the students.
Appeal Ruling: The agreement prescribes pl’s work as beginning after summer break so that nothing pl did is governed by agreement, but by providing benefit. The Rashba (ibid.) rules that if one tells one who is about to do something on his behalf that he is not interested in the benefit he plans to do, he is exempt from paying for it, and it is clear from the Rif and other Rishonim that one cannot force benefit and compensation for it on someone. In this case, pl admitted that def told him not to make expenditures, and they also did not end up helping.
Regarding the expenditures for the "camp," even if def was obligated to make them, the rule is that when Reuven pays Shimon for the loan that Levi took from him, Levi is not required to pay Reuven (see Shulchan Aruch, Choshen Mishpat 128:1; see Shach ad loc. 5).
Although pl claims that he outlaid the money because def gave him reason to rely on him (histamchut) that there would be a yeshiva, the original ruling correctly explained why histamchut does not apply in this case.
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
