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Case: The defendants (=def) rented out an unfurnished apartment to the plaintiffs (=pl) for around a year. Pl left after paying all bills. During the winter, pl suffered through significant mold, which they claim made one of the rooms unlivable, and caused pl’s beds and mattresses to need to be thrown out. Pl is suing for the damage of their property and to retroactively reduce their rent based on the value of the unusable room relative to the apartment. Soon after the mold began, pl complained to def, who sent experts to solve the problem. The first expert recommended airing out the apartment regularly. When pl continued to complain (it is unclear if they aired out thoroughly), a second expert recommended doing insulation work, which def refused to do since pl was the first tenant to complain. (It turns out that previous tenants experienced significant mold but decided not to complain.) Def claim that they are not responsible for indirect damage, which pl could have avoided with additional ventilation and also demand that pl pay 4,500 shekels to paint the apartment upon leaving in the special way needed to remove mold.
P'ninat Mishpat (829)
Various Rabbis
513 - Fallout from Underground Encroachment – part III
514 - Mold Damage to a Rented Apartment
515 - Complicated Employment Agreement – part I
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The rental contract requires def to fix everything in the apartment that needs fixing. Extreme mold is under that category. Since the previous tenants report they had experienced significant mold, it is unreasonable to blame pl for insufficient ventilation. While the experts did not say emphatically that more insulation was the solution, it is clear that def had to figure out something to solve the problem. Def also did not instruct pl from the outset that they needed an unusual amount of opening windows.
Since pl is not to be blamed for the mold, they are required to pay only the price of normal painting (1,000 shekels). While the damage to pl’s property was indirect, when one rents an apartment, he assures the renter that he has a safe place for his property, and when one makes a promise that he does not live up to, there is a financial obligation based on histamchut (reliance). Even if def failed in this regard without fault (because previous tenants had not informed him), he still is guilty of damage without intention. While it is only damage by gerama (indirect), which one cannot force such a damager to pay, our beit din arbitration agreement enables us to obligate him. Therefore, we are obligating def for damages that occurred from the time the second expert gave his unheeded instructions. Although usually a person who is damaged over time should make efforts to avoid damage, pl explained why it was difficult to do so.
Regarding reducing rent for not using one room, there is a machloket whether one who did not demand an end to a rental due to flaws is entitled to a reduction in rent. Since pl had a right to demand that the problem be fixed, we will give them a rental discount up to the cost (500 shekels) of special painting, which could have been carried out to alleviate the problem.
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: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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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.
