Yeshiva
Beit Midrash
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- 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 (835)
Various Rabbis
233 - An Agent Who Did Not Make a Client Sign a Contract
234 - Rent on Interim Period
235 - A Question of Interest
Load More
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
Lessons
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
