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Ruling: [After seeing that pl was correct regarding the "heart of the claim," we are in the midst of exploring multiple smaller questions.]
Scaffolding: Def wants extra pay for having built a scaffold to build a balcony off of the living room, even though at the end it was not used because neighbors prevented it. Pl counters that def did it on his own. There is communication between def and pl’s son, who was authorized to represent his mother, in which def did initiate the change of the place of the balcony and expressed his expectation the neighbor will agree. What is important is that at the end, the son agreed to the change. Therefore, even if pl did not end up gaining anything from this part of the work, pl still has to pay for it (see Shulchan Aruch, Choshen Mishpat 335:3).
Changes and delays: Def claims to deserve extra pay for delays that pl caused by making changes and because of new requests by the engineer. Pl responds that almost all of the delays stemmed from what turned out to be def’s inexperience with a job of this magnitude; def did not complain about these things as they were occurring. Beit din notes that small changes and delays are a natural part of a major renovation job, and when a certain element of the work has a delay, one should be able to work on other parts of the project. Therefore, def has not made a sufficient case for an increase on his fees due to delays.
Mispricing: Def claims that he charged far too little and therefore should be able to void the contract and receive more for what he did. Also, def was unaware that due to the way the house was constructed (pre-fab), drilling is more difficult. Pl rejects def’s ability to make such a claim since he spent a long time studying the job, made multiple visits, and asked for time to discuss with others. Beit din rules that def cannot back out of his price estimate. First, most of the fee was for work on things that are attached to the ground (see Pitchei Teshuva, CM 227:26) upon which there is no claim of mispricing. More fundamentally, pl received estimates from several contractors, and it is not tenable to allow someone to win the contract with the lowest price and then remove the obligation to follow that price.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
817 - P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
818 - P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
819 - P'ninat Mishpat: Agricultural Water Rights – part I
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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
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
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
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 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: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 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.
