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- P'ninat Mishpat
Ruling: [Last time we explained that def was not justified in leaving the job, gave the formula for the amount of money def had deserved to get, and presented calculations with the help of an expert. We continue with additional specific claims.]
Post construction cleanup: The neighbors understandably complained about debris, cement stuck to surfaces, solar panels not returned to their place, etc. when def left. Beit din instructed def to clean up; he did not do this in the time allotted. Beit din agreed that pl can hire someone to do the work and be reimbursed. Beit din’s expert calculated the proper allotment (appr. 15,000 NIS).
Def’s tools: Pl is holding on to some of def’s tools in lieu of payment from def. Def argues that even tools that were bought for the project are his property and wants to use them elsewhere. Poskim discuss a creditor’s seizure of a debtor’s possessions without beit din’s authorization. According to the Mordechai (Bava Kama 30), he can only seize an object to which he has a specific ownership claim. The Rivash (396) says he can seize other objects as long as the debt is not from a loan, and the Shulchan Aruch (Choshen Mishpat 97:14) permits the seizure if it is done as "collateral." This means that the seizer’s intention is to follow up the seizure with a claim in beit din (Netivot Hamishpat 4:3). In our case, beit din finds that pl had the right at the time to withhold some tools, but now that beit din has jurisdiction over the case, she must return them.
Pipe inspector: Def ordered a pipe inspector to evaluate how to connect pipes in what he calls a sensitive plumbing area and requests compensation to be added to his work’s base price. Pl denies that def asked permission and claims that the work was unnecessary and that she understands that def’s friend did it free of charge. Beit din sent the specifications to their expert, and his findings are that bringing the inspector was a prudent step. Therefore, even if def did not get explicit authorization, he should be reimbursed at the going rate (3,500 NIS according to the expert), because he provided benefit. This is so even if def did not pay the inspector out of hand. Professional friends often exchange favors, so that def may be paying with past or future work.
We will continue next week with other elements of the dispute.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
815 - P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
816 - P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
817 - P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
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 Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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