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Shabbat Parashat Toldot 5780

Toldot | 2 Kislev 5780 | 11/30/2019




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

The plaintiff (=pl) hired the defendant (=def) to serve as the mefakeach (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 kablans (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 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. Pls 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 not check. 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.


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

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

  

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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