YeshivaThe torah world Gateway Beit Midrash
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: Even according to pl’s account about their stipulation, it was to "return the property to a normal state," and since it had been a dorm for decades, that would not indicate acceptance of a major renovation. Under such circumstances, he lacks the ability to extract money. Although pl claims that the apartment was overall in bad repair, since pl knowingly rented out the apartment for decades as a dormitory, this is the expected state to find it.
As far as the claims that def made many changes, beit din inquired of pr, who confirmed that it was already used as a dorm when they were renters. While they did not remember details, it strengthens def’s claims that they changed little upon starting to rent, and pl has not proven his case for their payment. Because it is unclear if def did enough to restore the apartment to its proper state and it is wasteful to hire an expert, we will have def pay 1,000 NIS toward renovations.
As far as notification, the standard halacha is that if there was no set time to finish the rental, both sides need to give a month’s notice in a small city and 12 months in a central city (Shulchan Aruch, Choshen Mishpat 312:7-8). If a renter leaves earlier, he must continue paying. By Israeli law, one must give three months’ notice, and this is the local practice as well. The payment could be either because leaving without proper notification causes damage or because it is an assumed acceptance of responsibility. In this case, though, since pl decided to take the opportunity to make serious renovations over a few months, at which time he could not rent out to another nor could def go back to using it even if he were to pay, it is not a real loss for which payment is appropriate.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
587 - Money Given for Shemitta Observant Farms - Part III
588 - Proper Return of Rented Apartment
589 - Was the Renter Normal?
Load More
Beit Din Eretz Hemda - Gazit

Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo

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 P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 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: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts

P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
Lessons
fast navigation

Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.

Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.

Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.

Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.

The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?

Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.

Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.








