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Ruling: Land rental is finalized by money, a document, or usage of the land (Bava Metzia 99a). All of the elements were present in a manner that obligates def, even if def did not sign the contract.
The gemara (Kiddushin 26a) discusses ayil v’nafik azuzei as a reason to disallow the validity of a kinyan in the context of one who bought a field and, from the outset, the seller came repeatedly to ask for the money and was rebuffed. Rashi explains the logic: the seller displays that he sold the land only because he was in immediate need for the money, and if it is not immediately available, the rationale for the sale falls. If the seller can back out, so can the buyer. However, this does not apply in our case for a few reasons.
First, the money that pl was anxious about was not the price of the apartment or its rent but a security deposit. The money for the initial months of rental was paid immediately. Secondly, we find poskim discussing ayil v’nafik a’zuzei only in regard to sale and not in regard to rental, and there is logic to distinguish. The logic of the concept is that we see that the only reason the seller is willing to part with his land was that he was in immediate need of cash. However, regarding rental, the landlord is not parting with his property but is using it in the manner one uses extra land.
There is also a question in the poskim whether ayil v’nafik azuzei can be said in regard to a delayed payment. The Shulchan Aruch (Choshen Mishpat 190:15) says that the dayan should decide if it appears that the seller was under pressure to receive the money. Furthermore, according to the law of the land, the contract is binding irrespective of these issues. For several reasons, then, the agreement is binding.
[We will discuss next time whether pl’s behavior justifies the cessation of the agreement.]
P'ninat Mishpat (829)
Various Rabbis
233 - An Aggressive Landlord
234 - An Aggressive Landlord
235 - A Kibbutz’s Rights to Fringe Benefits
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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: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
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
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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.
