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Case: The defendant (=def), who was engaged, with a wedding scheduled for 13.01.13, signed a rental contract with the plaintiff (=pl) for a year at 1,900 shekels a month, starting from 01.01.13. The two sides were to meet to arrange an early transfer of control on 15.12.12, but a few hours before the meeting, def’s engagement was broken. Def informed pl that he would not be taking the apartment. Def was not involved in finding a replacement renter. Pl finally found one as of 01.03.13 for 2,100 shekels a month. Pl is suing for payment of rent until the time the new renter receives the apartment. Def feels that he is exempt, as clearly no one who rents an apartment to live in with his wife is willing to pay if he is not getting married.
P'ninat Mishpat (829)
Various Rabbis
455 - Backing Out of a Rental for a Good Reason – part I
456 - Backing Out of a Rental for an Excellent Reason – part II
457 - Steps to Deal with Mutual Motzi Shem Ra
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Def wants to lessen the amount that he has to pay, with the claim that had he known that pl was having trouble renting the apartment out, he would have gotten a friend to rent it at a low price. We do not accept this claim because def did not make an effort to find out what was happening with the apartment and whether he could help out to lessen the losses.
On the other hand, def does not have to pay for the full time that the apartment went unrented. First, if the issue of what to do in the case of a broken agreement would have been negotiated, it is highly likely that a cap would have been put on the renter’s exposure to risk. Indeed many contracts allow the sides to back out of the rental with a couple months of notice. Second, the original rental was supposed to be from the beginning of January, just that def requested to make it earlier so that he could prepare better. Now that he has no need for the apartment, it makes sense to return to the original agreement, at least on the grounds of compromise.
Therefore, the total charge should have been for 2 months at 1,900 shekels, for a total of 3,800 shekels. However, pl’s loss was actually less than that because the new renter is paying an additional 200 shekels over what def would have paid. Since the new renter is paying the additional amount for 5 months, 1,000 shekels should be reduced, making the amount due 2,800 shekels.
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: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 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.
