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Ruling: The electrician testified that the electrical grids of the two apartments are linked in a way that a short circuit in pl’s apartment (the main one) blows the electricity in def’s apartment (the accessory apartment), but not vice versa. He said that he had to give instructions to both sides to limit use of electricity in order to prevent power outages.
Beit din accepts def’s account that they did not know that they had power outages due to what was happening in pl’s house, which explains why the electricity would go out and then come back without their intervention (pl lifted the fuse). Pl were aware and were generally careful (which their Shabbat guests were not), but the whole setup was problematic. Pl did not claim that def was aware of the problem before renting and, in any case, they need to prove, in a case where there is a clear blemish in the object of the transaction, that the other side knew and relinquished their right to complain.
Beit din determines that it is not reasonable for a renter’s electricity to be at the mercy of the landlord, which can cause several problems, some of which occurred. The fact that def lived there for a while does not preclude their making the claim of mekach taut (a sale based on false premises), as long as they did not continue to use the rented entity after the problem was discovered (Rambam, Mechira 15:3; Shulchan Aruch, Choshen Mishpat 232:3). It is noteworthy that pl was unable to find a renter after def left for quite a while, which is some indication that the unit is more appropriate for a vacation home, as it was originally intended, than for a permanent rental home.
Therefore, def were justified in breaking the contract and need not pay anything further to pl.
P'ninat Mishpat (829)
Various Rabbis
221 - Friendly Buy-Out? – part II
222 - A Flawed Rental Apartment
223 - Payment for Court Expenses
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P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 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
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 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
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.
