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The plaintiff (=pl) rented an apartment to the defendant (=def) and later extended the rental for about a year. The two agreed that def could leave early and end the contract, but they differ if that was conditional on pl finding a renter to take over. Def left the apartment on Feb. 17, and pl did not have a renter until April 1. The contract said that at the end of the rental, def had to return the apartment freshly painted, which def did not do. He responds with a complaint that before he left, pl spent six days doing renovations in the apartment. He, therefore, wants a reduction in the rental, is claiming damages (1,000 shekels) that the renovations caused to his property, and wants to be excused from painting the apartment. Regarding leaving the apartment early, def claims that since no penalty payment is specified for leaving early, it is clear that he is not precluded by the contract from doing so.
Ruling: When a rental contract has an end time for the rental, then there is a mutual obligation between the sides, unless waived by one side. The landlord may not evict the tenant before that time, and the tenant is required to ensure that the landlord is paid until that time. The landlord is not required to stipulate how much the tenant has to pay if he leaves early, and he is obligated in the full amount of the rental unless specified otherwise. Although def claims there was an understanding that he could leave early at his discretion, it is his obligation to prove this, as it is against the language of the contract and against the standard practice.
During the period of rental, pl was not allowed to do renovations to the apartment, and, therefore, he is exempt from payment of those days’ rental fee. However, this does signify the end of the rental period as a whole. Despite this grievance, def is also not exempt from painting the apartment, which could have been done afterward. Although def does not automatically have to reimburse the full price that pl spent on a painter, since the sum charged by the painter that pl hired was reasonable, he should pay it in full.
Def has to prove that pl’s workers damaged def’s property. However, since there is a partial admission that there was some damage and beit din was authorized to rule based on compromise, 300 shekels is a reasonable amount to charge, by reducing it from the payment that def owes pl.
P'ninat Mishpat (829)
Various Rabbis
155 - Partial Work Done by a Building Company
156 - Early Exit of a Renter
157 - A Kibbutz Member’s Unauthorized Use of an Enrichment Course Fund
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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: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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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.
