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Ruling: [Last time we saw that the rental agreement was initially binding.]
Def brought no proof and only weak claims as to why they had reason to fear violent or illegal steps on pl’s part. Def made the impression of sensitive, timid people, and they come from a culture in which polite speech is the norm. Pl admits to speaking assertively, as he acted in beit din, which he feels is his right and is more accepted in Israel. Considering this and the fact that def had just arrived on aliya with minimal social and financial support, it is understandable that they would feel overwhelmed by the situation and even threatened. The question is whether that subjective feeling allows them to void a contract.
The Mishpat Tzedek (II, 31) allowed someone who rented a home on top of a store, which was subsequently rented to a violent non-Jew, to back out of the contract due to his fear of his neighbor. However, that was referring to a non-Jew with a proven record of violence in a society where anti-Semitism was tolerated. In this case, there are not subjective grounds for fear, just for the unpleasantness connected to financial disputes. Def also had other ways to deal with the situation, including having the rabbi or the lawyer deal with pl or looking for other tenants to take their place.
There are varied sources on the situation of bad relationships between landlord and tenant. The Rama (Choshen Mishpat 312:9) rules that one who rented a house to someone when they were friends cannot expel him when they become enemies. However, in 312:14 he says that if two people share a home and fought in court over ownership, the one who won the case can expel the other without a normal waiting period because of their enmity. The distinction is that in the former case, the relationship is just of landlord-tenant, whereas in the latter case, they share a home. Our case lacks the urgency that is grounds for breaking the contract.
The advice def received was not halachically/legally sound, and they are required to pay for the damages of the breached agreement. Beit din criticized pl’s insensitive and unwise behavior and urged him to significantly reduce the sum to which he is legally entitled to compensate for his behavior which, under the subjective circumstances, caused def pain and financial loss.
P'ninat Mishpat (829)
Various Rabbis
231 - Unsigned Estimates for a Contractor
232 - An Aggressive Landlord
233 - An Aggressive Landlord
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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: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 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
Lessons
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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.
