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Ruling: There were certain sociological signs that ren might have difficulty paying, and def1 and def2 should have experience checking things such as ren’s bank statements to determine this. Their recommendation to pl to agree without further investigation was damaging bad advice. Since the damage is only in lost revenues, pl has monetary claims on def1 and def2 only for the period in which it is relatively easy to find renters, which according to two dayanim was only for three months. The dayanim disagreed whether def3 is also responsible for this loss because he did not fulfill the contractual obligation of giving an empty apartment.
The ruling is that ren is not a normal renter as promised. We reject def’s claims that pl should have acted more quickly and did not need a lawyer to go to Hotza’ah Lapoal, as acting with some patience toward a renter and being afraid to go to Hotza’ah Lapoal unrepresented are normal decisions.
Def3 also claimed that pl did not deserve rent because he did not finish paying. This claim is to be rejected out of hand. Every feasible element of giving over control of the apartment was completed (especially, giving ren’s rental checks to pl; a key was not given because def3 claimed that all of their keys were by ren), and the fact that 5,000 NIS was in escrow was originally because pl was waiting for def to get around to giving routine paper work. Thus, the rights of the apartment are pl’s.
Regarding the water repairs, the fact that they accepted the apartment with its apparent problem is a sign of mechila of those issues. Pl admitted, in fact, that he decided to sue for the water issues only after the matter of the rent came up. At that late point, one cannot undo the mechila.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
589 - Proper Return of Rented Apartment
590 - Was the Renter Normal?
591 - Questionable Firing and its Financial Implications – part I
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 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
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 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
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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.
