Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: One cannot claim mekach ta’ut (misinformed consent) to things that he was or should have been aware of when making his agreement. This applies to the price, the arnona exemption, and the ability to fit in the furniture.
Regarding the sewage pump, the previous tenant confirms that it is possible to operate it in a manner that avoids all halachic questions. Def claims that he was unaware of this; pl claims he told him. It does not make sense that pl would invest in a system that enables strict Shabbat observance and not tell a renter who had made an issue of it.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
621 - Was the Store Already Bought? – part II
622 - Paying for an Unwanted Rental
623 - A Check Passing from Hand to Hand
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Regarding the claim of agreement on partial payment, first, def contradicted himself on the amount they agreed to, and pl denies it totally. Also, it makes sense that if there were such an agreement, it was on the condition that def pay promptly, and to this point, def has not paid anything.
It is arguable whether def should have to pay for the loss of rental for the days the apartment was not rented or for the amount pl lost over the 10 months of the agreed rental. The latter is less money because for the remainder of the time, the new renter is paying a higher rent than def agreed to. Since the two agreed to a compromise that includes def’s financial difficulties, we definitely choose the latter system. Because of the sides’ special compromise request, we lower the sum even lower to 2,500 NIS on condition that def pay within two months. If he does not pay on time, he will have to pay 3700 NIS (without the special compromise) plus the beit din fee.
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 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
Rabbis in Midrash
Lessons
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
