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Ruling: [Beit din almost succeeded in getting the sides to agree to a compromise, explaining that in order to find out the truth on some of the claims, which might not even be possible, would require several thousands of NIS and much effort from all sides. After agreeing to a compromise number, the sides squabbled over ancillary matters and pl withdrew his agreement.]
The gemara (Bava Metzia 108a) says that when drainage that goes from field-to-field clogs up, the people in the higher fields must help pay for the blockage at the lower fields, which affect all of them. However, if the blockage is in the upper fields and does not affect the bottom ones, the latter do not have to pay for the needs of the former. According to that model, there is basis to make def reimburse pl so that they pay in equal parts. This is also binding based on common practice and local law.
In this case, def agreed to have pl act according to the needs of the two of them, which is binding without any further act of kinyan (Shulchan Aruch, Choshen Mishpat 182:1). It still needs to be determined whether the steps that pl took on behalf of both pl and def were within the realm of the acceptable, which is required for def to be required to chip in equally (see ibid. 176:10; Rama, CM 182:3). If the price of the job were low, it is possible that we would presume that the neighbors give the one representing them free rein, but not for cases like this which came to many thousands of NIS. This is one of the matters that beit din cannot determine just based on the pictures and descriptions provided.
The Rosh (Shut 107:6) is among those who rule that when it is the most reasonable thing to do, beit din can rule based on compromise even when the sides do not agree to it, and this is also specified in our arbitration agreement. The Shulchan Aruch (CM 12:5) mentions as one of the cases, when the ruling cannot be clarified. The same is true when it is not in the interest of the sides to try to clarify.
We will continue next time with analyzing the relative strength of the claims in order to arrive at a proper compromise.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
809 - P'ninat Mishpat: Multiple Agreements and Parties – part IV
810 - P'ninat Mishpat: Sharing in Plumbing Expenses – part I
811 - P'ninat Mishpat: Sharing in Plumbing Expenses – part II
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Beit Din Eretz Hemda - Gazit
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
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 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
Rabbis in Midrash
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