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Ruling: Regarding the retroactive raise in rental rates, the Shach (Choshen Mishpat 312:10) does rule, based on the Rashba (II:294), that if one continues to stay in a rental after the time is up without a new agreement, he pays according to the old rate even if the prices had gone up. However, it is clear from the Rashba that this is only when the landlord allows him to stay without protest. The Shulchan Aruch (CM 363:6) states that even in a case in which one who squats in another’s house does not need to pay rent, if the owner told him to leave and he did not, he has to pay the full rental rate. Since pl has substantiated the change in price and he asked def to leave, from the point of that request, def is required to pay 4,130 NIS a month.
Regarding changes done to the warehouse, pl has not proven that it was done by def rather than pr. For whatever reason, pl decided not to sue pr, who refused to come to beit din as a witness. Had he done so, we might have been able to get to the truth about when the changes were made. So in this case, we will follow the rule that the burden of proof is on pl, who wants to extract money, and we will not obligate def for this. However, pl spent 2,000 NIS on removing garbage of all sorts left behind. Since the assumption is that one who rents a warehouse checks that it is clean of major debris before taking it, the contractual obligation to leave it in the manner he received it requires that def pay this expense.
P'ninat Mishpat (834)
Beit Din Eretz Hemda - Gazit
579 - Payment for Not Clearing Warehouse On Time – part I
580 - Payment for Not Clearing Warehouse On Time – part II
581 - Money Given for Shemitta Observant Farms
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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 Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
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: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
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Hosha'ana Rabba FLYDUBAI & HOSHANA RABBA- ANI VAHU HOSHIA NA- I & HIM SAVE US
"Ani vaHu Hoshia Na", "I and Him, Save Us". We don't just pray to Him, but we also pray to and for ourselves that we should emulate and educate our children to have that instinctive altruism with which He created the world. President Trump seemed amused about Yaniv Hayon, our PLUMBER who confidently worked with G-d like Superman (he learned from a pilot on a TV show!) to save 174 lives on the Dubai hijacking, but we in Israel are totally accustomed already 78 years to our plumbers, teachers, garbage-men, rabbis, farmers & doctors being Hashem's shlichim! This is what Zionism is about.
Moreshet Shaul Hashem Is your Shadow – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
