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The Torah study is dedicatedin the memory of
Rabbi Mordechai Tsemach ben Mazal Tov
Ruling: Beit din established that it is pl who is obligated to pay the phone company, as the agreement was made and signed between them. However, def obtained the phones from pl with meshicha, by physically acquiring the objects in a manner that made him obligated to pay pl for their price. Both litigants agree that the deal was done as a favor by pl for def. Therefore, we view the deal between pl and def as an exact duplicate of the agreement between pl and the phone company. In this way pl neither gains nor loses from his agreement to, in effect (not by law), be the middleman between def and the phone company. It does not make a difference if def was aware of all of the conditions of the sale. If he had wanted to, he could have found out, certainly considering that he was present when the deal was being finalized.
Thus, def obligated himself to pay not only for the calls he made but also for the phones themselves should there be a need to pay for them. Since this payment is one of an accepted obligation, not a damage payment, it is not relevant whether or not def knew that his stopping to use the phones would cause a need to pay for the phones.
That being said, part of the 6,500 shekels charge was a result of lack of payment that resulted from pl’s delay in acting on the information that def was no longer using the phones. Pl is responsible for those charges.
Since beit din does not have access to the information that would enable it to determine the equitable breakup of those charges, beit din will estimate based on its authority to employ p’shara (compromise) so that the matter can be closed (see Shulchan Aruch, Choshen Mishpat 12:5). Beit din decided that def has to pay two thirds of the total charges.
P'ninat Mishpat (834)
Various Rabbis
65 - Payment for Indirect Damage
66 - A Deal Arranged Through a Middleman
67 - Severance Pay for Not Working on Chol Hamoed
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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)
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Hosha'ana Rabba FLYDUBAI & HOSHANA RABBA- ANI VAHU HOSHIA NA- I & HIM SAVE US
"Ani vaHu Hoshia Na", "I and Him, Save Us". We don't just pray to Him, but we also pray to and for ourselves that we should emulate and educate our children to have that instinctive altruism with which He created the world. President Trump seemed amused about Yaniv Hayon, our PLUMBER who confidently worked with G-d like Superman (he learned from a pilot on a TV show!) to save 174 lives on the Dubai hijacking, but we in Israel are totally accustomed already 78 years to our plumbers, teachers, garbage-men, rabbis, farmers & doctors being Hashem's shlichim! This is what Zionism is about.
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)
