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Shabbat Parashat Bereishit 5780

Bereishit | 27 Tishrei 5780 | 26/10/2019




P'ninat Mishpat: Dissatisfaction with the Quality of a Sefer Torah – Part II

The plaintiff (=pl) hired his friend, the defendant (=def), a part-time sofer, to write a sefer Torah. The contract states a price of 130,000 shekels plus VAT and says that the writing will be mehudar. It also states that pl saw samples of def’s writing and that pl has the right to demand the switching of sections of lower levels of quality without charge, as long as Rabbi X agrees this is appropriate. Toward the end of the writing, after pl paid 113,780 shekels, pl experienced financial problems, looked to sell the sefer Torah, and asked for two sections to show to merchants. Several experts told him that the sefer would be worth, when finished, 70-80,000 shekels. Def presented a letter, from an expert with whom he is connected, saying that the writing is proper. Pl also sent def an email during the process in which he praised def’s work. Originally, pl asked either: 1) receiving a completed kosher sefer and a return of the money above the 80,000 shekel it is worth, or 2) employing mekach ta’ut (invalid purchase) and a return of all the money. Def argues that the sefer Torah is fine and worth the price and that, in any case, any kosher sefer is defined as mehudar. Also, since pl saw the work before agreeing and could have had the written sections checked all along, it is too late to claim mekach ta’ut. Also, a major reason that pl chose def is that he considers def a tzaddik, and this has not changed.


Dedication

We daven for a complete and speedy refuah for:

 

Nir Rephael ben Rachel Bracha
Efrat bat Sara

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

David Chaim ben Rassa

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, zt”l, Pninat Mishpat (Jewish Monetary Law).

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