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Ruling: In addition to the rent def admits to, def also owes va’ad bayit. He did not substantiate his claim of grossly lacking service, nor did he provide any evidence that others withheld payment (pl brought evidence to the contrary). It makes no difference that the contract refers to a va’ad bayit of residents and in practice it was done by an external company, as contracts are to be understood in context, not by illogical literal readings.
The claim that pl waived their rights to late payment are unsubstantiated. During the first year, payment was "guaranteed" by checks, which were not given for the extension and were replaced by the pressure of looming penalty payments. In any case, the claim of mechila requires a migo of another claim (Shach, Choshen Mishpat 75:22), which def lacks.
The claim that the paragraph on late payment is invalid is incorrect. Obvious mistakes in a contract, when the intention is clear, do not invalidate a provision of a contract (Rama, CM 49:2). Beit din can allow late-payment penalties because the contract employs a heter iska. However, this is to be applied only when the payments are representative of the grievousness of the late payment, and a debt of a few thousand shekels must not turn into one of tens of thousands in a short time. Therefore, beit din is setting the late payment for everything owed at an additional 2,100 NIS, which includes estimated waste of def’s time and patience
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
625 - Stopping Rental due to Corona
626 - Withholding Rental Payment due to Problems with Apartment
627 - Payments for Leaving Apartment in Disrepair
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
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 Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 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.
