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Yossef ben Simcha
Ruling: Ability to void a sale: One can void a sale if the root problem existed in a hidden form prior to the sale, e.g. an animal was treif (Chulin 50b). In that case, if we do not know if the treifa occurred before or after the sale, the one who wants to extract money must bring proof (ibid.). The Shulchan Aruch (CM 232:11) rules that even if the buyer did not yet pay, he must do so unless he brings proof the blemish had already existed. Since the blemish was found in the buyer’s auspices, this is where we attribute it to have arisen. On the other hand, the Shulchan Aruch (ibid.:16), as the S’ma (232:34) understands him, says that if one bought cheese, which turned out after three days to be spoiled, we do not make him pay if he did not already do so. The distinction is that it is common for cheese to be predisposed to spoilage (ibid.). We cannot apply the latter logic to our case because the distinction is not clearly accepted and because in this case, there is no claim that the worming already began.
Responsibility for bad advice: Although pl and def disagree as to what advice pl gave, an expert said that even the advice pl claimed to give was faulty. The gemara (Bava Kama 99b) says that a non-expert who gives bad advice regarding accepting coins that another relies upon is obligated to pay. Although pl is not an expert, it is, for two reasons, difficult to obligate him. First, the semi-direct damage of giving bad advice obligates payment (as garmi) when the damage is basically immediate and certain. In this case, an expert determined that had def sold the dates within a reasonable amount of time, they probably would not have developed worms despite the advice.
Furthermore, the gemara (ibid. 100a) says that only if the advice’s recipient told its source that he was going to rely upon it does he pay. Although there is a dispute how explicit one has to be (see Shulchan Aruch, CM 306:6), in our case it is was clear enough that def was relying upon pl. However, def did not prove that he actually followed pl’s instructions. If def anyway did what he wanted, the damage would have occurred even if pl would have given correct instructions. Pl may even have stored the dates in a worse manner than pl instructed, thereby causing the damage.
Therefore, according to the strict law def must pay the full amount. However, since pl signed the arbitration agreement that allows compromise to be included, beit din gave some weight to the element of indirect damage that pl apparently caused and reduced the sum that def had to pay.
P'ninat Mishpat (826)
Various Rabbis
62 - One Who Tripped in a Store
63 - Seller’s Responsibility after the Sale
64 - Order for Services
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
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: Benefit from Unsolicited Efforts of the Plaintiff
based on appeal of ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 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.
