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Ruling: The contract states that def must pay for damages that he causes to the apartment by means of poor or exaggerated usage. There was no evidence or strong claim that the alleged damages were caused in a manner in which def was culpable. Therefore, this charge is rejected.
While many rental agreements call for the renters to return the apartment freshly painted, that is because the contract states such. In this case, the contract does not mention such a requirement, and therefore def is not required to paint.
Clause 5 of the contract requires def to return the apartment "in good condition similar to when he received the apartment." Unless pl signed an admission that the apartment was given to def when it was in poor condition, accepting the apartment as is, counts as an admission by def that it was in reasonable condition. On the other hand, pl does admit that the apartment was not in great condition when he gave it to def, although he claims that he paid for certain helpful items such as paint and an exterminator. The fact that def did not do anything about his complaints about the apartment’s condition when he received it until after he left it somewhat weakens the strength of his claims. Considering the varied indications, we use our authority to rule based on various forms of compromise to obligate def a sum of 600 NIS.
Regarding the claim that pl’s prospective renter backed out of his agreement due to def, we have seen the new contract, and it includes a penalty for backing out. [Considering that pl cleaned the apartment promptly before the new rental was to begin, the new renter did not have grounds to back out.] Pl may not waive enforcement of his contract to be nice to the new renter at the expense of def by trying to make def pay for the new renter’s breach of contract.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
611 - Responsibility for High-Voltage Damage
612 - Dispute on the Manner in which a Rental Ended
613 - Firing during Maternity Leave
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
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 Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 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: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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.
