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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
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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 P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 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: Sharing in Plumbing Expenses – part II
based on ruling 85013 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: Late and Flawed Apartment
based on ruling 82174 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
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
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Ein Aya Various Universal Stages of the Geula Process
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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.
