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Beit Midrash
- Shabbat and Holidays
- Sukkot
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Finally, the special night arrived. Yossi looked around the sukkah, as the sparkling decorations reflected their glow onto his children’s beaming faces. He breathed deeply, and drew in the holiness of Sukkot in Jerusalem. From every direction, the family could hear snatches of Sukkot songs, mingling together into a harmonious whole. They agreed that Jerusalem was the best place to celebrate Sukkot.
Seven wonderful, inspirational days passed. The family prepared to return to their home town, to celebrate Simchat Torah in their own synagogue.
After Simchat Torah, Yossi’s phone rang. It was Moshe, the owner of the Jerusalem apartment. Yossi immediately launched into effusive praise of Moshe’s apartment and sukkah, when Moshe began speaking. Yossi stopped mid-monologue, as he tried to interpret Moshe’s stammering and mumbled words. "Listen, Yossi. I don’t know how to tell you this, but, but… not long before I left the apartment, it started to rain. I opened the rain cover for the Sukkah, to keep the Sukkah and the decorations dry. I had in mind to take it off before I left.
When I got home, I realized that… that… I forgot to take off the cover! That means that the entire Sukkot, you were using an invalid sukkah, because it had a cover on it!
After a very uncomfortable apology, Moshe hung up the phone, leaving Yossi alone with his thoughts. He just couldn’t believe it. They had put in so much time, effort and money, and it had all been for nothing! Rather than experiencing a lofty Sukkot in Jerusalem, he hadn’t eaten in a sukkah at all!
The next day, Yossi called back Moshe. "Moshe, my friend. I know that you intended to give us the use of your apartment and sukkah, and you had no intention to leave the rain cover on. We’re devastated that our whole family lost out on the mitzva of eating in a sukkah. In truth, the reality is that we had a financial agreement, in which you committed to providing us with a sukkah. My wife and I feel that it would be appropriate for you to refund our money.
Is Moshe obligated to return the money to Yossi and Leah?
Rabbi Dov Lior, shlita:
Because Moshe committed to providing Yossi an apartment with a proper sukkah, and, in the end, the proper sukkah did not materialize, it is clear that Moshe must compensate Yossi. On the other hand, Moshe did provide Yossi with the use of a fully functional apartment, which Yossi is obligated to pay for. Therefore, they must evaluate, or hire an appraiser to evaluate, the cost of renting an apartment with a sukkah for the week of Sukkot, as compared to the cost of renting an apartment without a sukkah, and then Moshe should return the difference to Yossi.
There is no basis for saying that it was Yossi’s responsibility to ascertain that the sukkah was uncovered, before using it. This is because Yossi had no reason to suspect that the sukkah would be covered. He requested to rent an apartment with a valid sukkah, and had no reason to think that there was an invalidating rain cover on the top of the sukkah.
It goes without saying that Yossi is not held liable for not performing the mitzva of sukkah properly, and for incorrectly making the blessing regarding sitting in the sukkah. This is because he had the status of one who was coerced, and, therefore, is not held responsible.
translated by Avigail Kirsch
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
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.
