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Ruling: [We saw last time that def is bound by the text he signed. Now we will deal with the question of whether he should be exempt due to the special oness.]
There is a major machloket among the Rishonim regarding a case where renters are prevented from continuing to occupy the home due to oness, whether the renter has to continue paying. The machloket depends on whether one who rents property is like one who buys it for the rental period, in which case inability to use it is his own affair and not grounds for withholding pay, or whether he is like one who is to pay for a service, in which case he is exempt if he is prevented from continuing due to an oness. However, that discussion is irrelevant in this case where def agreed to a condition that obligates him even in the case of oness.
Still the matter is not simple. The gemara (Gittin73a) says that in a case where porters accepted upon themselves "all oness" they are still exempt if an unusual oness occurred. The Rambam and Shulchan Aruch (Choshen Mishpat 225:3-4) learn from here a rule that when someone makes a special stipulation, it is binding only in regard to the type of case he had in mind when making the stipulation. Therefore, beit din must try to determine what def’s intention was when agreeing to the stipulation.
The majority opinion first pointed out that the language of the contract includes oness in the obligation but does not mention uncommon oness. In the type of religious community that def belongs to, divorce is indeed uncommon and unexpected. Since the indications are that at the time of the signing, def did not contemplate they would get divorced, he is not bound by the stipulation and is exempt from paying.
The minority opinion disagrees for two reasons. Firstly, it is hard to believe that the divorce came without sufficient warning signs to have made def aware it was a possibility. It is not fair for def to be optimistic in a way that impacts on pl. Secondly, it is not clear that there is an oness in regard to the ability to use the apartment. It is possible for someone from the family to live there or, if not, to find another party to step into their obligations.
[This editor’s gut reaction is like the minority opinion, but it is difficult to offer an intelligent opinion without witnessing the hearing personally.]
P'ninat Mishpat (829)
Various Rabbis
251 - An Apartment that Was Barely Livable
252 - Aborted Rental
253 - A Promise to Donate? – part I
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P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part I
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 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.
