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Shabbat Parashat Vaeira 5783

Va'eira | 28 Tevet 5783 | 21/01/2023




P'ninat Mishpat: Why Did they Stop Working?

The plaintiffs (=pl) hired a contracting company (=def), who had worked for them in the past, to add on a floor to their home. Def was to work from May until September. The sides signed an itemized price-estimate sheet – the full job was to cost 540,737 NIS. Pl was to pay after certain stages were met, but pl gave the first 100,000 NIS before work started. After serious progress through June, def’s work became sporadic and stopped in Sept., after pl had paid 250,000 NIS, and with the work not close to finished. Def agreed to resume work only if pl gave serious new installments and demanded extra pay for alleged changes pl made to the plans (especially, deciding to suspend parts of the job). After pl refused to pay more before def progressed, def removed their equipment from the site, and pl began supervising the job with subcontractors. Pl has claims based on overpaying, the high price to finish the job, and damages incurred. Beit din proposed hiring an expert to appraise the value of the work done by def and of the work remaining to be done. Pl claimed that it was unnecessary because the price estimate shows the binding price of each part of the work. Def argued that the estimate cannot teach about the details, and that prices should be higher per item since pl decided to cut back on the work. This partial ruling is to decide responsibility for the stoppage of work, which determines who will pay for the expert and will impact other elements of the final ruling.


Dedication

We daven for a complete and speedy refuah for:

Nir Rephael ben Rachel Bracha
Ori Leah bat Chaya Temima

Arye Yitzchak ben Geula Miriam

Neta bat Malka

Meira bat Esther
Yerachmiel ben Zlotta Rivka

Together with all cholei Yisrael

Hemdat Yamim is dedicated

to the memory of:

Those who fell in wars

for our homeland

 

Prof. Yisrael Aharoni z"l

Kislev 14, 5783

 

Rav Shlomo Merzel z”l
Iyar 10, 5771


Rav
Reuven & Chaya Leah Aberman z"l
Tishrei 9
,5776 / Tishrei 20, 5782

 

Mr. Shmuel & Esther Shemesh z"l

Sivan 17 / Av 20

 

Mr. Moshe Wasserzug z"l

Tishrei 20 ,5781

 

R' Eliyahu Carmel z"l

Rav Carmel's father

Iyar 8 ,5776

 

Mrs. Sara Wengrowsky

bat RMoshe Zev a”h.

Tamuz 10 ,5774

 

Rav Asher & Susan Wasserteil z"l
Kislev 9 / Elul 5780

 

R' Meir ben

Yechezkel Shraga Brachfeld z"l

&

Mrs. Sara Brachfeld z"l

Tevet 16 ,5780

 

R 'Yaakov ben Abraham & Aisha

and

Chana bat Yaish & Simcha

Sebbag, z"l

 

Rav Yisrael Rozen z"l
Cheshvan 13, 5778

 

Rav Benzion Grossman z"l
Tamuz 23, 5777

 

R' Abraham & Gita Klein z"l

Iyar 18,  /5779Av 4

 

Rav Moshe Zvi (Milton) Polin z"l
Tammuz 19, 5778

 

R' Yitzchak Zev Tarshansky z"l

Adar 28, 5781

 

Nina Moinester z"l

Nechama Osna bat Yitzhak Aharon & Doba

Av 30, 5781

 

Rabbi Dr. Jerry Hochbaum z"l

Adar II 17, 5782

 

Mrs. Julia Koschitzky z"l

Adar II 18, 5782

 

Mrs. Leah Meyer z"l

Nisan 27, 5782

 

Mr. Shmuel & Rivka Brandman z"l

Tevet 16 5783/ Iyar 8, 5781

 

Mrs. Shirley Rothner,

Sara Rivka bat Yaakov Tzvi HaCohen z”l

Tevet 15 5768

 

R' Chaim Leib ben Michael Kreisel z"l
Shevat 2

Hemdat Yamim
is endowed by
Les z"l  & Ethel Sutker
of Chicago, Illinois
in loving memory of
Max and Mary Sutker
& 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, zt”l, Pninat Mishpat (Jewish Monetary Law).

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