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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 (829)
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
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 Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
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 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: Undoing a Problematic Partnership – part III
based on ruling 84061 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: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
