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Ruling: Damage from work #1: Def claims without proof that during pl’s work for him, pl used 6,000 NIS from an escrow account of a client for himself, and that to avoid a scandal, def put his own money back into the account. While pl admits to owing the money to the account, he claims that the money def paid for him was to cover a non-documented loan that pl gave def.
Ruling: The claim of a payment going for an undocumented loan is called sitra’i. Sitra’i on an undocumented payment is believed only in a case where the other person is trying to extract payment. Since here, def is only trying to reduce the money he owes, pl cannot use a sitra’i claim.
Damage from work #2: Def claims that pl did a poor job representing a client who had paid a 26,000 NIS fee, forcing def to return that fee to the client.
Ruling: Since def brought no proof whatsoever, he cannot demand payment from pl. Although def is only trying to pay less money, so that he is ostensibly the muchzak, since the counter claim is unrelated to pl’s claim, they should have been dealt with separately. Therefore, def cannot be credited when he brings no proof, and the claim is rejected.
P'ninat Mishpat (834)
Beit Din Eretz Hemda - Gazit
845 - P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
846 - P'NINAT MISHPAT: A MESS OF LOANS, REPAYMENTS AND GRIEVANCES – PART III
847 - P'NINAT MISHPAT: A MESS OF LOANS, REPAYMENTS AND GRIEVANCES – PART IV
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Ruling: Without getting into a decision as to under what circumstances pl could be held responsible for such a suit, as long as the suits have not yet taken place, there is no damage for pl to pay now, and therefore this claim is rejected.
Rent: Def claims that after pl finished his stint working as a member’s of def’s law practice, he continued working there physically for approximately 14 months, and that they agreed that pl would pay 4,000 NIS a month. Pl admits to working for only four months and that in any case, the whole time he paid the rent to the owner of the property as per def’s request. Pl claims that there had been one copy of the rental contract and that it had been given to a lawyer to safeguard, and he gave it to pl.
Ruling: One way or the other, pl wants to reduce the payment of a definite loan through a reduction due to an unproven rental fee. Therefore, we will not reduce the amount due based on this.
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
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Moreshet Shaul Hashem Is your Shadow – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
P'ninat Mishpat A Non-Contractor in Changing Times – part I
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Our King on Rosh Hashana, Our Father on Yom Kippur.
Based on Aroch Siach, p. 221 (Rav Shaul Yisraeli)
P'ninat Mishpat A Non-Contractor in Changing Times – part II
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Hashem Is your Shadow – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
Parashat Hashavua Happiness for the Right Reasons
[With painful longing, we share these divrei Torah from our co-Rosh Kollel for close to 40 years, Harav Moshe Ehrenreich zt”l.]
