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Beit Midrash
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- P'ninat Mishpat
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 (826)
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
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
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
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
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 P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 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
Rabbis in Midrash
Lessons
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Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
