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Ruling: It is an agreed and verifiable fact that there was a rental with a valid contract, based on which there are grounds for full payment. The basic halacha is that a renter after the rent has already been due is believed to say that he paid the rent (Bava Metzia 102b). The Shulchan Aruch (Choshen Mishpat 317:1) adds that this is so even if there is a valid rental agreement. In this case, though, def is not believed to make this claim because: A. The checks serve as a means of guaranteeing rental payment, so that were one to pay for a month’s rental in a different way, he is to demand back the corresponding check. B. The giving of a check is viewed as giving the landlord who holds the check the standing of one who is to be believed over the claim of payment (see Chiddushei R. Chaim, Shvuot 41a). This is augmented by the law of the land regarding using checks to force payment (see Tumim 69:8).
Once the payment is viewed as a definite obligation, we view the counterclaims to get out of it as a new demand for payment. Def’s claims of expenses are definite claims (bari) versus pl’s claim of "maybe" (shema), but this is insufficient to award money to def (Shulchan Aruch, CM 75:9). There is no basis for compromise based on "redeeming" the obligation to make an oath because def did not claim that pl was aware of the work. This is augmented by the fact that def is supposed to inform pl and allow him to take care of it as he chooses (responsibly).
Regarding the claim of how much pl owed def for the work he did for a friend and whether he paid, there is a basis for a Rabbinic oath (of kofer hakol) and therefore for compromise. The majority of dayanim did not want to grant partial payment because def brought up the claim at a late stage in the process, which weakens its credibility.
The payments def might have made on behalf of other tenants is irrelevant toward pl. These would have been other people’s obligation, and it is not deductible from payment to pl.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
621 - Pay for Contractor who Left the Job under Protest – part II
622 - Valid Excuses to Not Pay Rent?
623 - Stopping Rental due to Corona
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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 Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 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: Sharing in Plumbing Expenses – part II
based on ruling 85013 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
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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.
