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Ruling:Def’s claim that they did not think they were expected to pay is not a credible claim. Everyone knows or should know that when one calls the office of a professional agent and asks for and receives his help, he is expected to pay. There is no question that if they would have been asked to sign, they would have. Pl’s claim that he forgot to have them sign is much more plausible. It is possible that def thought that since pl failed to have them sign they could not be forced to pay, but not that they thought that pl did not expect to be paid.
The question is whether pl is entitled to payment when the law is that they are entitled only if the client signed. Def referred to an article in Techumin 31, in which our Av Beit Din, Rav Yosef Carmel, gave the halachic basis for accepting the law of the land, including that of the law in question. However, a major source for that thesis is the Chatam Sofer (V, Choshen Mishpat 44) who says that laws that the Rabbis would institute if they had the authority are binding.
In the case of the law requiring the client to sign, one must distinguish between cases. Rav Carmel’s p’sak refers to a case where the agent who suggested an apartment was a neighbor of the buyer, and he never indicated that he was giving the information as an agent. In that case, the law is logical, as it prevents disputes arising from one who is not clearly acting as an agent, from retroactively demanding pay from an unsuspecting "client." However, in our case, def sought out pl specifically because they knew he is a professional agent and so used him. In such a case, there is no logic to withhold a professional’s pay because he, for whatever reason, neglected to have the party sign.
Regarding the amount of the payment, while paying a month’s rent is a normal fee, it was never agreed upon. When an agent raises explicitly his fees in advance, there are often negotiations on them. It is not right for pl to not raise the issue of the fee and then decide on his own on the amount. Therefore, we will reduce 20% from the demanded fee and have def pay pl 4,000 shekels plus V.A.T.
P'ninat Mishpat (829)
Various Rabbis
265 - “Balancing Payments”
266 - An Agent Who Did Not Make a Client Sign a Contract
267 - Rent on Interim Period
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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: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 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.
