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Beit Midrash
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Ruling: There is a machloket among Rishonim regarding the case of a renter who was prevented from continuing the rental. The Rashba says that even if the renter died, payment should continue. The Maharam says that in such a case, the renter is exempt. The Shulchan Aruch accepts the Rashba’s opinion. The Rama says that the question is unsreolved, and therefore whoever controls the money, keeps it. In our case, since pl paid, she is not entitled to a refund.
One could say that the payment to an assisted-living home is different than renting a home. In the latter case, the rental is like temporary buying and once this is done, there is no backing out. In contrast, regarding assisted living, one is paying for services, and we should compare it to one who hires a worker and then does not need him. (We do not need to get into the particulars of that issue because of the following).
Pl signed an explicit contract stating that the money would not be refundable, including in the case of death. The claim of being pressured into signing the contract is not valid because it is common for agreements to be made under a variety of situations of pressure, and an agreement is still an agreement. One can consider the possibility that the law of the land precludes unfair contracts, especially standardized ones where the weaker party has little ability to negotiate. In this case, though, the condition is fair. It is normal to pay in a manner of no refunds for a single unit of time, certainly for a month at a time. This allows both sides to plan their finances, as def explained sufficiently. Def’s willingness to return a fifth of the payment is beyond the letter of the law but will be made a binding gesture with this ruling.
P'ninat Mishpat (832)
Various Rabbis
203 - An Agent for a Get Who is Not Torah Observant
204 - Return of Money After Unused Services
205 - Educational Violence?
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P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 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 P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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.
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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.
