YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: [Last time we saw that it was proper for pl to compensate his tenants and that def had the right to build despite the inconvenience it caused. We now must determine if def has to compensate for the losses he caused pl.]
Does the fact that pl did not protest the plans mean he relinquished rights to do so? Indeed there is a concept that silence in such situations can count as permission (see Shulchan Aruch and Rama, CM 155:35). However, if the changes cause severe damage, silence does not suffice (ibid. 36), and arguably some of the problems in this case are included (see ibid. 157:4). Yet, the exceptions for extreme damage do not apply here. First, the Shulchan Aruch (CM 155:36) explains that we presume a person would not agree to such a thing. In our case, though, for the sake of mutuality, it is customary to allow such disturbances. Secondly, the sources discuss cases where the nuisances are for an indefinite period, whereas here it is only during construction. If the din Torah were between the tenants and def, we could say that under their circumstances (due to the need for quiet during the day), they would not have agreed (see ibid. 41), but that is not the case.
On the other hand, even if pl waived the right to protest, he did not waive the right for compensation. Certainly if pl’s windows would be smashed during construction, he would be entitled to payment, as permission to create a certain situation where damages might occur does not exempt from payment if the damage occurs (ibid. 1). On the other hand, the damage is directly from that upon which there was permission (normal, noisy work). Also, in general, many types of damage are considered too indirect to force payment in court.
Beit din is gratified that the sides agreed to compromise, although beit din anyway has the authority through the arbitration agreement to invoke compromise. Customarily, one who does renovations provides something of value to the building as appreciation/compensation, as def did. However, in this case, where def gained from his building and pl specifically lost, pl deserves extra compensation. Beit din obligates def to pay 2,500 shekels (around a third of the lost rent) as compensation based on compromise.
P'ninat Mishpat (829)
Various Rabbis
249 - An Apartment that Was Barely Livable
250 - An Apartment that Was Barely Livable
251 - Aborted Rental
Load More
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 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
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.
