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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 (832)
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: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
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: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(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)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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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
