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Ruling: If there were not a discussion between the sides in advance, then this would have been a classic case of one who lives in his friend’s house without permission and we would have had to determine whether this is a home that people usually pay for and whether the recipient was in need of its use (see Bava Kama 20b; Shulchan Aruch, Choshen Mishpat 363:6-10).
However, since there was a discussion in advance and pl expressed that he did not agree that def should use it for free, the pertinent ruling is of the Rama (CM 363:6) – one cannot be forced to allow someone to use his property for free. Although it is possible to force someone who does not lose anything as a result to allow someone to use his property, that does not apply when the property owner could have used it himself, including by renting it out to someone else. The K’tzot Hachoshen posited that the determining factor is the wording of the one who lets his counterpart in, and here pl was clear. It is not important whether def was clear that he did not think he needed to pay.
Regarding the modem, it is possible to discuss whether, as one who agreed to host the modem and was receiving the apartment specifically with the modem within, def was a shomer chinam (unpaid watchman) or a shomer sachar (a paid watchman). This determination would be impactful here because the modem was apparently stolen. However, def and his painter did not see the modem when they entered the apartment, and therefore it is likely that it was stolen before def moved in, possibly by the cleaning staff. In that case, def never began being a watchman in the first place.
Therefore, def will pay pl 1,750 for half a month’s rent and is exempt from paying for the modem.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
573 - Compensating for a Breach of Exclusivity Agreement
574 - Overlapping Rentals
575 - A Homeowner Paying for Building Slowly
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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)
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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)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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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.
