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Case:
The defendant (=def) had a home, which he expanded so that it became closer to an adjacent quarry, before selling it to the plaintiff (=pl). Pl brought experts who say that the home is now too close to the quarry to live safely and needs major work to be safe, which pl is demanding. Def prefers to void the sale than to pay for professional repairs. He is willing to do the repairs himself.
Ruling: The Ri Migash (Shut 51) says that if an object is sold with a blemish that, after fixing, would be considered like a different object, the sale can be voided¬ against the will of the seller even if he wants to fix it. On one hand, in our case, fixing entails bolstering the existing courtyard wall, which is a major change. However, since it is possible to do things unrelated to the home in order to remove danger, it may not be considered that there is an intrinsic flaw in the home itself.
However, a claim of mekach ta’ut is applicable for a different reason. The gemara (Pesachim 4b) says that the reason that the rental of a house before Pesach that did not have bedikat chametz done is not void is that a person does not mind doing an unexpected bedikat chametz. Some ask that there should be no question of voiding in the first place, just reducing the rental price, because the house itself is not blemished. The Netivot Hamishpat (233:4) answers that a house that is not fit for use, even due to an external factor, is considered as if it has a blemish within it. This is the situation in our case where the house is not livable considering the danger. Based on the Perisha (CM 232:5), who distinguishes between a simple and a complex/expensive fixing job, there are again grounds to void the sale. Yet beit din decided that the sale should not be voided based on the Divrei Malkiel (II, 85), who says that when the buyer does not express interest to void the sale, the seller cannot unilaterally void it.
The Rosh (Shut 96:6) says that when someone sells a house with broken windows or doors there is no bitul mekach, but the seller must take off the cost of repairs from the sales price. It sounds that the seller pays for the fixing but the buyer is the one who has to carry it out. This makes sense if the idea that a damager is responsible to toil to limit the loss is an exception, learned from a special pasuk (see Choshen Mishpat 403:3). It is possible, though, that damages are different, as the idea would have been, if not for the pasuk, to pay, not to restore. In contrast, regarding a sale, the idea is to present the buyer with a useful object, requiring the toil as well to make that possible. This was indeed beit din’s conclusion.
Beit din required def to pay for a professional, supervised team to make repairs to the level required by legally recognized basic standards in order to remove danger
P'ninat Mishpat (830)
Rabbi Yosef Goldberg
19 - Partial Pay for a Worker Who Did Not Complete a Job
20 - Overcharging of the Value of Reputation
21 - Buying a Driving School Car
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P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
Re’eh
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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.
