Hebrew | Francais

Search


> > Archive

Shabbat Parashat Chayei Sara 5780

P'ninat Mishpat: The Extent of an Inspectors Responsibility part I

(based on ruling 78036 of the Eretz Hemdah-Gazit Rabbinical Courts)

Case: The plaintiff (=pl) hired the defendant (=def) to serve as the mefake’ach (building inspector) for the house he was building along with his wife (they are now divorced). There was no contract, and his expected work hours and responsibilities were not set. The building plans called for a concrete supporting wall 12 meters wide by 6 meters high. Pl asked def for his recommendation about the kablan’s (contractor) idea to make a wall out of large stones instead. Def answered that a stone wall is just as strong, and so pl allowed the kablan to do so, after receiving instructions from def. The kablan used smaller stones than he should have, and so after some time, the wall collapsed. It cost 160,000 shekels to remove the stone wall and build a concrete wall. Because pl is unable to sue the kablan¸ an Arab from “over the Green line,” pl is suing def for his part (separate from his ex-wife) in the expenses – 80,000 shekels. Def claims that the decision to build the wall was fine, just that the kablan did not follow instructions, and so pl should sue the kablan if anyone. Pl’s wife also could have pressured the kablan to fix the wall while he was still working on neighbors’ homes. Def was not present when the bottom stones were placed, and when he came, they were covered with earth. Def was concerned that if he forced the kablan to dig out the foundation for inspection, the kablan might have quit, which would have caused losses. Therefore, he thought it was worth the small risk to leave it. Additionally, def should not have to pay the cost of a cement wall, as pl could have fixed the stone wall for a small fraction of the price.   

 

Ruling: Is a mefake’ach responsible for damages? The Shulchan Aruch (Choshen Mishpat 306:6) rules that a moneychanger who advised one to accept certain coins which turned out to be bad ones has to pay damages unless he was both an expert and gave the appraisal for free. This is as long as the moneychanger should have been aware he was being relied upon. The poskim (see Shach, CM 129:8) explain that when he is paid and makes a mistake, he does not live up to professional standards; therefore, if it was based on matters beyond his control, he is exempt. In this case, a client who asks the mefake’ach for advice is likely to rely upon him. However, based on our analysis of the different expert testimonies the sides presented and other indications, we conclude that the advice was sound.

Beit din accepts the premise that def was not required to be at the site every day. The question is whether he should have made the kablan remove the earth to check. On the one hand, pl had not told def to be specially cautious with the kablan. On the other hand, def knew that the kablan had financial problems and could have suspected he might cut corners. The fact that he covered the foundations so quickly could have raised suspicion. But there were also reasons not to check. The Shulchan Aruch (CM 290:9-10) allows a court-appointed guardian to make choices between choices that each include risk without receiving permission each time from beit din.

Next time we will explore how our case compares to that of a guardian and other issues.

Top of page
Print this page
Send to friend


Dedication

We daven for a complete and speedy refuah for:

 

Nir Rephael ben Rachel Bracha

Refael Yitchak ben Chana

Netanel Ilan ben Sheina Tzipora

Netanel ben Sarah Zehava

Yehuda ben Chaya Esther

Meira bat Esther

Yair Menachem ben Yehudit Chana

Rivka Reena bat Gruna Natna

Lillian bat Fortune

Yafa bat Rachel Yente

Eliezer Yosef ben Chana Liba

Ro'i Moshe Elchanan ben Gina Devra

 

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
Iyar    10

 

Rav Reuven Aberman z"l

Tishrei 9  5776

 

Mr. Shmuel Shemesh  z"l
Sivan 17 5774

 

R' Eliyahu Carmel z"l

Rav Carmel's father

Iyar 8  5776

 

Mrs. Sara Wengrowsky

bat R’ Moshe Zev a”h.

Tamuz 10    5774

 

Rav Asher Wasserteil z"l

Kislev 9 5769

 

RMeir ben

Yechezkel Shraga Brachfeld z"l

 

RYaakov 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

 

Rav Moshe Zvi (Milton)

Polin z"l

Tammuz 19 5778,

 

R' Abraham Klein z"l

Iyar 18

 

George Weinstein,

Gershon ben Yehudah Mayer,

a lover of the

Jewish Nation Torah and Land

 

R’ Eliezer ben R’ Yitzchak Steinberg z”l

 

Tamar Lichtenstadt z”l.

May her memory be a blessing

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

site by entry.
Eretz Hemdah - Institute for Advanced Jewish Studies, Jerusalem All Rights Reserved | Privacy Policy. | Terms of Use.