YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling:The Shulchan Aruch (Choshen Mishpat 312:7) rules that if a rented house fell, the renter can reduce the rent corresponding to the time it was down. The Rama (ad loc.) says the same is true if it burns down and that if all the houses in the area burn down, it is a "plague of the region" and the rent is reduced. The Rama’s opinion is unclear because he seems to distinguish between one house burning down and many burning down, but it seems that in both cases a reduction in rent is called for. The S’ma (312:34) and the Taz demonstrate that the Rama cited an opposing opinion (that is missing from our texts) that usually rent is not reduced, after which he added that if it happened to many houses, all agree it is reduced. The Netivot Hamishpat (312:13) says that if the renter agreed to pay in advance, the rent is not reduced, and that is why it has to add that if several houses were burnt, there is a reduction. It emerges that in a case that the house became dysfunctional for part of the time, there is a machloket whether he has to pay in full. The machloket revolves around the question whether one who rents real estate is like the property’s owner for that time. If he is, then just like any other landowner, when something happens to the property, the owner loses.
The aforementioned machloket would seem to apply to cases where the apartment continued to function but on a lower level. However, the Rambam (Sechirut 5:1) and Shulchan Aruch (CM 310:1) rule that if one rented an animal and it got sick so that it worked inefficiently, he has to pay in full. The Ra’avad and Rashba (Bava Metzia 78a) disagree. Most poskim accept the Rambam’s opinion that the renter has to pay in full. However, here there are other reasons to accept def’s claim.
The Rambam’s logic to distinguish between an animal that died in the middle of the rental and a sick animal is that when there is no clear change in the animal, just that it is presently less efficient, we attribute the loss to the misfortune of the renter (P’nei Moshe II:32). However, in this case, many of the apartment’s deficiencies were present at the time of the rental. Therefore, it was not def’s misfortune but pl’s lack of responsibility in not providing a fully functional apartment (see Netivot Hamishpat 310:1). The fact that pl was responsible to fix the deficiencies also changes two things. His responsibility means that when the need for fixing arose, it was pl’s misfortune as well. Also, if he did not fix problems in a timely fashion, he breached the contract in a manner that requires compensation.
Beit din ascertained that pl was negligent in his handling of the situation and assessed a sum to reduce from the rental fee.
P'ninat Mishpat (829)
Various Rabbis
271 - A Question of Interest
272 - Full Rent for a Not Up-to-Par Apartment
273 - Firing a Teacher Over Pedagogical Disagreement
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.
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: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 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
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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.
