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Ruling: Maharash Engel (Shut III:15) proves that an agent is entitled to normal payment unless he explicitly said he is waiving those rights. This is in line with the normal rule (Rama, Choshen Mishpat 264:4) that we do not assume that people provide services which have fees for free.
The Zechor L’Avraham (III, CM, "Sachar") was unsure if one did a service and then did not promptly ask for payment whether we assume that he was mochel. The Zechor L’Avraham suggested that the plaintiff would have to accept a cherem to confirm that he did it with the intention to receive payment. However, that seems to be the case only because of a factor that the Zechor L’Avraham mentioned – most people in his place would do the service for free. In a place where the minhag is to pay, it is no worse than one who does work on his friend’s field without the latter’s knowledge, where he gets paid according to the value he provided (Bava Metzia 101a). If the owner implied that that he would be happy that the work be done, he receives a high level of pay. The Gra (CM 185:13) says that this concept is the basis for an agent’s rights to a fee despite not discussing the details. In our case, def gave pl keys to the premises and put out an advertisement stating that those interested in buying should call pl, and she was active in working on the matter.
In a case of a definite obligation, the Zechor L’Avraham will agree that the lack of an immediate claim does not create an assumption of mechilla. It is true that there is precedent that not making a claim for a long time indicates mechilla (Ketubot 104a, regarding a woman who did not ask for her ketuba for 25 years, while being supported). However, there are ample sources that this is the exception to the rule, and that this applies only when it is clear that there was mechilla (see Maharit II:49). Otherwise, we apply the normal rule that matters that remain in the heart of a person are not binding – in other words, even if she would have intended not to have claim the money, pl still would not have lost her rights.
Therefore, def must pay pl the entire amount of the claim.
P'ninat Mishpat (829)
Various Rabbis
281 - Falling Asleep Behind the Steering Wheel
282 - Realtor With a Delayed Demand of a Fee
283 - Authority to Rule Based on Convicton
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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: 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: Return of Down Payment Due to War – part I
based on ruling 84044 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
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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.
