YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Case:
The d’mei mafteiach agreement that was signed at the outset stated that the renter (=pl) could live as long as he wants in the apartment, unless the landlord’s son (=def) married and needed it, in which case pl must vacate and either receive much of the d’mei mafteiach money or other living quarters. Indeed, def had married and pl had been asked to vacate and was offered money or other living quarters, but did not deem either option acceptable. Def did not have him legally evicted. Now, pl wants to transfer his rights to the property, and def refuses to approve the deal.
Ruling: LPT is halachically binding based on the halacha that the people of a city may make rules to govern prices in a variety of circumstances (Shulchan Aruch, Choshen Mishpat 231:27). The idea that the landlord cannot evict the tenant has halachic basis, as a renter needs proper warning before being asked to leave. The parameters are based on the likelihood of finding a suitable alternative (Shulchan Aruch, CM 312:6), so it is possible to say there is no alternative.
Although society may implement such legal innovations only when there is no "great person responsible for the community" (Shulchan Aruch ibid.:28), that refers to penalties to enforce the enactment. They can set the prices in the first place. Furthermore, Rashi (Bava Batra 9a) says that it is necessary only for the rav of the city to not protest, which has been the case regarding d’mei mafteiach. Since this system is a major part of the real estate financial fabric [today, less so], questioning its viability would destabilize the market and therefore it is in society’s benefit to uphold the practice.
Although the original contract ceased and was not renewed, since the renters continued living there, we presume the old conditions to continue (based on Shulchan Aruch, ibid.:9). The issue here is the contract’s provision that pl must vacate if def needed the apartment, which he did. Despite pl’s protestation that the alternative apartment offered was "a stable, not an apartment," the contract indicates that the landlord could either offer alternative quarters or return a portion of the key money. This was written as an obligation on the landlord, not a condition to enable eviction. Pl’s continued living in the apartment was thus improper. While there is evidence that def accepted the situation under duress, we have indications that this was for no more than his continued occupation of the property, not for him to be further covered by LPT. Therefore, pl does not have the right to sell his rights under this law to someone else.
P'ninat Mishpat (832)
Various Rabbis
137 - Backing Out of Relinquishing Rights to a Ketuba
138 - Dimei Mafteiach Rights to an Apartment
139 - Reneging on a Questionably Performed Divorce Settlement
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: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
Lessons
fast navigation
Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
