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Shabbat Parashat Naso 5782

Naso | 5 Sivan 5782 | 6/4/2022




P'ninat Mishpat: Appeal of an Incomplete Ruling

The defendant (=def) worked for the plaintiff (=pl) as a building inspector and was relieved of his duties toward the end of the work of the contractor (=cont2). He was paid a large, although not full, amount of money. Pl sued def for 14,280 NIS, including the return of 3,500 NIS for paying for more than was done and for various damages that the delays and mistakes in defs work caused. Among the major complaints: 1. Def did not make himself available to speak with pl; 2. Def never sat down with cont2. 3. He did not ask the right questions or get into details as he should have. 4. The contractor def suggested (=cont1) backed out at the last minute. The beit din (=bd1), not from Eretz Hemdahs network but one that allows for appeals to other batei din, employed an expert, whose report indicates that everything def did appears to have been done for the benefit of the job and that no action or lack thereof seemed unreasonable. Although def should have met with cont2, no identifiable damage came from the lack of such a meeting. Bd1 also believes that cont2 lied about certain things to remove blame from himself for reneging on the estimate he gave. Therefore, bd1 rejected claims of damages. Regarding return of money def received, bd1 agreed that it should not be returned but the dayanim disagreed on the reason. It is unclear that def received more than he deserved, and so def may not need to return money either based on the advantage of being in possession or because each installment of payment is a decision of pl that def deserved the payment for what he already did.


Dedication

We daven for a complete and speedy refuah for:

Nir Rephael ben Rachel Bracha
Yisrael ben Rivka

Arye Yitzchak ben Geula Miriam

Neta bat Malka

Meira bat Esther

Together with all cholei Yisrael

Hemdat Yamim is dedicated

to the memory of:

Those who fell in wars

for our homeland

 

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 Klein z"l

Iyar 18 ,5779

&

Mrs. Gita Klein z"l

Av 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

 

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, ztl, Pninat Mishpat (Jewish Monetary Law).

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