Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
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 (835)
Various Rabbis
181 - An Agent for a Get Who is Not Torah Observant
182 - Return of Money After Unused Services
183 - Educational Violence?
Load More
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
