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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 (835)
Beit Din Eretz Hemda - Gazit
566 - Compensating for a Breach of Exclusivity Agreement
567 - Overlapping Rentals
568 - 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
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
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
Rabbis in Midrash
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
