YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
The plaintiff (=pl) sold an apartment to the defendant (=def). The contract included a clause that def could move into the apartment on a certain date, after making the last payment. Def moved into the apartment, with permission, two months earlier than the date in the contract and a month before the final payment was made. Pl says that since def moved in before the last payment, he had been living in pl’s apartment and should pay rent for that time. Def says that he acquired the apartment when he moved in and thus should not pay rent.
Ruling: Although either money or a contract can effect a sale of land, in a place where there is usually a sales’ contract, money without a contract is not a kinyan (Shulchan Aruch, CM 190:7). In Israel today, all transactions are registered in the Tabu, and, therefore, many poskim posit that before such registry, the transaction is not complete because the sides have not reached full intention to complete the transfer. However, in this case, both sides agreed that they intended the transaction to be complete before the Tabu registry, through the kinyan of money (see Chazon Ish, Likutim 16 and Maadanei Eretz, Shviit 18, who agree conceptually). However, the contract says that this would be only after the final payment, and so def was living for a month in pl’s apartment.
Regarding one who lived in another’s apartment without permission, he must pay if the dweller benefited and the owner lost. Def benefited because otherwise he would have rented another apartment for the month. Did pl lose?
The Rama (CM 363:10) says that one who occupied the house of someone who was out of town and was not trying to rent it out is exempt from paying, as the apartment was not slated for renting. It would seem that the apartment in question was not going to be rented for such a short time. However, beit din viewed it as slated for rental to def, as it was natural for him to move into specifically this apartment. Therefore, def has to pay rental.
The Rama (ibid.) says that if one says to a friend: "Live in my courtyard," he does not have to pay rent. This seems to contradict the Rama’s ruling (CM 246:17) that if one tells his friend to eat with him, he has to pay for his food. The K’tzot Hachoshen (246:1) claims that the former Rama is talking about a case where the one who lived there would have rented elsewhere. Therefore, he would have to pay only if he caused a loss to the owner, which does not apply if the owner invited him. Regarding the eating, he has to pay for the benefit that he did have, which we will assume requires payment unless there is a special indication that the provider wanted to do so for free. In our case, def benefited, and, furthermore, the history of their relationship makes it clear that pl did not intend to provide def with valuable benefits for free.
P'ninat Mishpat (829)
Various Rabbis
72 - Determining Whether a Transfer is a Gift or a Loan
73 - An Incomplete Sale of an Apartment
74 - Firing During the Year
Load More
Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
