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![]() Shabbat Parashat Behaalotcha 5784P'ninat Mishpat: Profits from Formerly Joint Swimming Pool – part III(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)Case: The defendant (=def) owns vacation units. In 2013, the plaintiff (=pl) agreed to install at def’s location a large but movable swimming pool for def to operate. No written agreement exists regarding the terms of profit sharing. In 2021, pl demanded to get the pool back and was told that it was dismantled. At that time, def wrote a signed admission that the pool belonged to pl, that he used it, and that he had to pay for its value. Later in 2021, def informed pl that the pool had been burnt in a brush fire. Pl claims that he was to receive all of the profits from the pool until they covered its cost (16,769 NIS) and subsequently, they would split them equally. (Pl guesses that the direct profits were 48,000 NIS, and he points out that its presence boosted def’s business). So far, he has received nothing. Def claims he stopped using the pool in 2015 due to its lack of a water heater, and that he made his own pool by excavating a boulder. Although def made up with pl to sell the pool, he did not succeed to do so. Def claims that he signed the admission because pl was embarrassing him publicly, and that it is false. He admits to needing to share some profits, but, giving no estimate of how much, claimed that pl exaggerated profits. Ruling: We conclude the series with different opinions on splitting profits. Def claimed that there were very few profits from the pool, as expenses almost equaled revenue and the pool was used for a short time. Beit din already concluded that it was not for a short time, and also considers that def refused to provide beit din any financial details. In such a case, we apply the thesis of the Rosh (Shut 107:6) that one who refuses to provide information that we believe he has is treated like one who possesses proof against himself. On the other hand, we cannot accept pl’s estimations in full, but must come up with a fair estimation. Def’s admission is telling, as it says that pl should be paid the value of the pool. This could mean only that pl owned the pool, which is meaningless since it has been destroyed. However, there are various indications that the intention is that profit payments should at least be enough to cover the pool’s cost. However, the dayanim disagreed on the proper formula. Dayan 1 – Every “pool season” has around 50 days, and the revenues can be up to 400 NIS a day. We will estimate that def arranged for a total of 20 full days a season and that expenses were 10% of revenue, giving pl profits of 180 NIS a day. Thus pl’s part is 3,600 NIS per summer X 6 summers = 21,600 (which exceeds the price of the pool). Dayan 2 – Since pl intended to make a profit on his investment and it is guesswork how much profit there was, we will give him the equivalent of profits had he invested in a standard, medium risk investment. [Sparing the reader the tables on various investments,] the amount that resulted was 21,861 NIS. ![]() ![]() ![]() |
![]() More articles from this issue: 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 Together with all cholei Yisrael
to the memory of: for our homeland Prof. Yisrael Aharoni z"l Kislev 14, 5783 Rav Shlomo Merzel z”l
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 R’ Moshe Zev a”h. Tamuz 10 ,5774 Rav Asher & Susan Wasserteil z"l 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 Rav Benzion Grossman z"l R' Abraham & Gita Klein z"l Iyar 18, /5779Av 4 Rav Moshe Zvi (Milton) Polin z"l R' Yitzchak Zev & Naomi Tarshansky z"l Adar 28, 5781/ Adar II 14 5784 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 Hemdat Yamim |