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Compromise and Ruling: Beit din succeeded in getting the sides to agree to a compromise on the following matters. For the time pl did not enter the building and for any damages up to this point, def will pay him 1,000 NIS. Def will follow the instructions of a newly appointed expert. The only claims pl will have will be for damages that will arise from this point on. Regarding the nature of a compromise regarding any future discovery of damage, it should be payable only if pl will be able to convince beit din that Halacha obligates def to pay for it. Regarding use of joint space, the language of the agreement should be: "Def accepts upon himself to follow Halacha and not take control of joint property improperly, without explicit permission of the other residents."
As far as the present safety of the building, beit din posits that we are to follow the opinions of the three experts, a clear majority, who attest that there is presently no problem (based on Shach, Choshen Mishpat 46:66). Even if we were to accept pl’s claim that the first expert has an interest in the matter, pl’s claim that he has heard negative rumors about the second expert cannot be accepted without any verification. That which pl claims that the main expert cannot be believed because he is trusting the contractor, is not valid, as part of an expert’s ability is to know what information he can trust and what he cannot.
Even if pl were right that the building is still damaged, it is very unclear that he could charge def for it, as def had the work done according to the professional directive of the first engineer. It is a major question whether a homeowner is required to pay for the damage his worker does. At first glance, the one who does the damage has to pay (Bava Kama 98b), although the minhag is to make the contractor, who usually has the resources to pay, do so (Chukei Hatorah, Avoda 26). Others say that the one who hired the contractor has to pay, because he is given permission to build only if he accepts such responsibility (Shut Minchat Asher I:113), but that if one can hold the person who made the mistake responsible, that is what is done.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
788 - P'ninat Mishpat: Benefit from Unsolicited Efforts of the Plaintiff
789 - P'ninat Mishpat: Damage from Renovations
790 - P'ninat Mishpat: Return of Down Payment Due to War – part I
Load More
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
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
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 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
