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Shabbat Parashat Bamidbar 5777

Bamidbar | 2 Sivan 5777 | 5/27/2017




P'ninat Mishpat: Calculating Late Penalty According to Contract or Law part II

The plaintiff (=pl) bought property from a building company (=def), which was supposed to complete construction by 20.06.2014. After negotiations, the contract included a penalty of 2,800 shekels a month against def for lateness, starting from two months after the target date. Pl received the apartment more than 18 months late. According to a new law, a buyer is compensated for more than 60 days of lateness (retroactively from the beginning) according to the following schedule 150% of the apartments rental value for the first 8 months; 125% of the value after that. Buyers cannot waive their legal rights. Pl claims that the apartments value is 4,200 shekels and claims 105,275 shekels. Def claims the payment should be drastically reduced on two general grounds. Since the contract included an arbitration agreement to beit din, Halacha, which recognizes the sides agreement, rather than the law, should be binding. Therefore: 1. The monthly rate is 2,800. 2. Payments start only after two months. 3. The contract gives a two month extension for the buyers requesting building changes, which pl made. Furthermore, the following delays, which were beyond defs control, push off the target date: 4. (Arab) workers could not come to the site during the fighting in the summer of 2014. 5. The water authority illegitimately delayed connecting the water supply, which delayed by months receipt of a Tofes 4, needed for legal occupancy. 6. The fire department improperly delayed approval for several weeks. 7. Pl refused to receive control of the apartment for two months after it was ready.


Dedication

We daven for a complete and

 speedy refuah for:

Yehoshafat Yecheskel ben Milka

Ro'i Moshe Elchanan ben Gina Devra

Margalit bat Miriam

Together with all cholei Yisrael

 

Hemdat Yamim

is dedicated

to the memory of:

those who fell

in wars

for our homeland

Eretz Hemdah's beloved friends

and Members of

Eretz Hemdah's Amutah

Rav Shlomo Merzel z”l

whose yahrtzeit

is the 10th of Iyar

Rav Reuven Aberman

z"l

who passed away

on 9 Tishrei, 5776


Mr. Shmuel Shemesh 
who passed away on

Sivan 17, 5774

R' Eliyahu Carmel,

Rav Carmel's father,

who passed away on

8th of Iyar 5776


Yechezkel Tzadik,

Yaffa's father,

who passed away on

11th of Iyar 5776

 

Mrs. Sara Wengrowsky

bat R’ Moshe Zev a”h.

who passed away on

10  Tamuz  5774


Rav Asher Wasserteil z"l

who passed away

on

Kislev 9, 5769

R' Meir
ben

Yechezkel Shraga Brachfeld

o.b.m

R ' Yaakov ben Abraham & Aisha

and

Chana bat Yaish & Simcha

Sebbag, z"l

Hemdat Yamim

is endowed by

Les & Ethel Sutker

of Chicago, Illinois
in loving memory of
Max and Mary Sutker
and

Louis and Lillian Klein, z”l


Hemdat Yamim

A weekly divrei Torah leaflet: A Glimpse at the Parasha, Ask the Rabbi, From the writings of Harav Avraham Yitzchak Hakohen Kook, ztl, Pninat Mishpat (Jewish Monetary Law).

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