Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: Had there not been any agreement between pl and def, beit din would have to analyze the case in regard to the question of one who occupies another’s property without paying. In such cases, some of the factors that determine whether the occupier is required to pay are whether he had financial gain and whether the property was slated to be rented out. As it turns out, though, the question of payment for the interim period came up. Pl demanded payment, which def thought was not necessary; pl offered a compromise, but no agreement was arrived at.
While there is a big question whether one who uses an occupied property has to pay after-the-fact, a property owner can demand payment, from the outset, before agreeing to allow someone to use his property (Rama, Choshen Mishpat 363:6). This is because if the owner wanted, he could have rented out the property to someone else, so that even if he did not want to, he could still demand payment. Therefore, since def was aware of pl’s demand, they became obligated to pay when they decided to nonetheless live there. The fact that def objected because they thought the demand was immoral is not relevant.
Regarding the lost modem, one could try to analyze whether def was a hired watchman or a watchman for free, which impacts on the degree of responsibility. However, def’s claim is that the modem was missing before he moved in. There were workers who had the key and access to the apartment. Therefore, even though def agreed to be a watchman when he moved in, we have no proof that there was a modem present at that time, which might have obligated him.
Therefore, def has to pay pl 1,750 shekels.
P'ninat Mishpat (812)
Various Rabbis
267 - An Agent Who Did Not Make a Client Sign a Contract
268 - Rent on Interim Period
269 - A Question of Interest
Load More
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.
A Husband’s Obligation in His Wife’s Loan
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Responsibilities Based on Different Modes of Influence
Sivan 26 5777
Proper Foundations of the Home
Ein Aya Shabbat Chapter B Paragraph 192
Tevet 12 5777
Sub-Par Guest House Experience? – part II
Tevet 12 5777
P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Cheshvan 5786
P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Elul 5785
P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Shevat 5786
