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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
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
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)
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Israel and the Nations A Few Minutes & Many Innovative Ideas on Antisemitism & What to do About It
As we approach the High Holidays, this short lecture (18 minutes) deals with the unfortunate situation of how Israel and the Jewish People stand against antisemitism, analyzing its cause according to Rav Kook, and how to deal with the issue pragmatically & via our prayers.
Ha'azinu PURSUIT is PERFECTION
p. Ha'azinu, Shabbat Shuva
Rav Kook deals with the question of the seemingly hopeless nature of Tshuva. For G-d Himself knows that He created us with free will, which inevitably means we will sometimes make mistakes and choose wrong. This can easily be frustrating, freezing us into inaction and ye'ush (loss of hope). If one sins even once, does he chalila have no choice but suicide?! Moreover, our Godly conscience demands justice, righteousness and perfection, but we all know this is impossible, so what's the solution? Rav Kook's innovative thinking, strongly based on chazal (our sages), offers an inciteful and important aspect to this topic, especially this time of year!
Sukkot Bug-Free Sukkah: Essential Halachic and Practical Schach Guide
How to inspect, clean, and store bamboo mats and palm branches to protect your mitzvah and holiday meals.
