YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: Following is the agreement between the sides: If there will be another Coronavirus closure affecting the shul, then def will be entitled to an 80% discount on the rent during the time the shul is closed. This discount will pertain to no more than 30 days during the course of a year, whether that is over a consecutive period or the 30 days are scattered. If, in the face of closings, def decides to close the shul permanently, they must give 20 days’ warning, during which time they will pay full rent.
Following is the decision based on compromise that the sides asked beit din to make regarding the two months of closure prior to the adjudication. The governmental regulations due to the pandemic are categorized as a makkat medina (something that afflicts a whole "state"), as is posited by Shut Maharam Padova (86) and the Rama (Choshen Mishpat 321:1). There is a major disagreement between the poskim about payment for a rental that became unfeasible due to a makkat medina (see presentation in Eretz Hemdah-Gazit ruling 80047; Rav Shlomo Ishon in Emunat Itecha 128, pg. 143-150).
Some of the factors that impact how to rule are: 1. From which side did the inability to make use of the rental come – since part of the time it was permitted to daven outside, it is a matter of the apartment, which is pl’s; 2. Who is muchzak (in control of) in the money – since def paid for one of the two months, each side is muchzak in one month; 3. Is it possible/feasible for the landlord to undo the agreement – here, the landlord could back out of the rental, if the renter is not willing to pay, and rent it out to someone to live in.
According to the basic halacha, as presented by the Rama (CM 312:17), def is exempt from paying during the time that he cannot use the apartment as a shul. However, beit din feels that it is proper to consider that the sides have reached a compromise agreement whereby pl protects def’s ability to continue to operate long-term and in that way protects def’s major investment in setting up the apartment to serve as a shul. Therefore, beit din rules based on compromise that def should pay pl two thirds of the normal rent due for the two months.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
602 - Rent for a Shul Closed due to Corona
603 - Preserving the Management Company’s Security – part I
604 - Preserving the Management Company’s Security – part II
Load More
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 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: 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: Agricultural Water Rights – part II
based on ruling 84122 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
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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.
