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Shabbat Parashat Naso 5777

Naso | 9 Sivan 5777 | 03/06/2017

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

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 did. 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 42 days after it was ready.


We daven for a complete and

 speedy refuah for:

Lillian bat Fortune

Eliezer Yosef ben Chana Liba

Yehoshafat Yecheskel ben Milka

Ro'i Moshe Elchanan ben Gina Devra

Together with all cholei Yisrael




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on 9 Tishrei, 5776

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who passed away on

Sivan 17, 5774

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Rav Carmel's father,

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8th of Iyar 5776

Mrs. Sara Wengrowsky

bat R’ Moshe Zev a”h.

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Kislev 9, 5769

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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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