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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 (829)
Various Rabbis
267 - An Agent Who Did Not Make a Client Sign a Contract
268 - Rent on Interim Period
269 - A Question of Interest
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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: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 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.
