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Ruling: In defining what is considered a completed home, it does not seem that a Tofes 4 (municipal permission to inhabit the house) is necessary (ed. note – in some areas, it is illegal and not accepted for people to move in before a Tofes 4 has been given, while in others it is a confirmation that often comes later after occupancy.] However, the house must be nominally ready to be lived in. This can be indicated by some combination of the following factors: actually living in the house, possessing a document from the municipality with only minor requests for repair before receiving a Tofes 4, and pictures from within the house showing it is in its final stage.
Pl claimed to have a document from the municipality with minimal requests, but despite repeated requests by beit din, did not submit the document. The Rosh (accepted by the Shulchan Aruch, Choshen Mishpat 15:4) says that a litigant’s concealing of evidence can be seen as an admission that the evidence is proof against him. Pl sent pictures from the house that they claim, but have not proven, are from Oct. 2011. In these pictures, one does not see everything in the house, but it is at least clear that the kitchen sinks have not been installed. This is reason enough for the house to be deemed not ready for occupancy. Additionally, the low usage of electricity is an indication that pl had not moved in. In Jan. 2012, the electricity usage fits the narrative that they had already moved in. Therefore, while it is not an absolute proof, we will only obligate pl in the penalty, which is the type of obligation that courts traditionally modify from the letter of the contract, from Sept. through Dec. ($1,600).
Regarding the problematic and delayed ishur z’chuyot, the lack of refinancing is not a loss but the withholding of a gain. In such a case, def would be obligated only if the gain was clearly and readily available, which pl have not proved is the case. Also, there were apparently steps that pl could have taken to remove the problem. Regarding the need for continued payment for bank guarantees, that is a clear out-of-pocket payment which pl had to continue due to def’s delay in providing the papers, and therefore def has to compensate pl 1,050 NIS.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
575 - Overlapping Rentals
576 - A Homeowner Paying for Building Slowly
577 - Payment for Not Clearing Warehouse On Time – part I
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
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 P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 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
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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)
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)
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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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.
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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.
