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Ruling:Four questions have to be determined before formulating a compromise: 1) Should pl have reducted his tenants rent? 2) Were def’s renovations justified? 3) Did pl lose his right of compensation by not protesting the plans? 4) Are pl’s losses direct enough to warrant payment?
1) The Shulchan Aruch (Choshen Mishpat 312:17) says that if a rented property is damaged during the rental period, thus lessening benefit from it, the tenant still has to pay in full because the damage is "his bad luck." In this case, though, the upcoming renovations were a known fact at the time of the renting, and the apartment’s value was already reduced. While one might claim that the tenants accepted the inconveniences and cannot demand a refund, it is clear they were unaware of the extent of the disturbance and would not have rented the apartment (at full price) had they known.
The tenants cannot void the rental due to "blemishes," as the situation would be livable for most people and because they continued to live there and did not demand to back out of the rental. However, it is likely that they overpaid considering the situation. While the laws of returning mispricing do not apply to real estate (Shulchan Aruch, CM 227:35), it is still forbidden to overprice (see S’ma 227:51), and therefore pl was correct in rectifying that (although one can argue whether it is necessary if the landlord was also unaware of the full impact of the renovations). Furthermore, here the overpricing is not because of a lack of knowledge of prices but based on serious blemishes, and blemishes are grounds for grievances even regarding land (see Shulchan Aruch, CM 232).
2. In apartment buildings, every owner has ownership of his apartment and partial ownership of joint areas. There is also an ongoing relationship, which governs the exercising of one’s personal rights when it affects others. It is accepted in our society that owners have the right to do renovations even though it causes hardship to others. Considering that at some times one builds and another suffers, while at other times others build and the previous builder suffers, this arrangement is beneficial for society. While there are standards of behavior that are expected to be kept by the builder, there is no proof that def did not do so.
[We will continue next week.]
P'ninat Mishpat (829)
Various Rabbis
247 - Closing the Door on the Window Maker
248 - An Apartment that Was Barely Livable
249 - An Apartment that Was Barely Livable
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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: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat 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
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
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.
