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Ruling: A contract for a set time is like a temporary sale, and neither side can back out earlier than the stated provisions allow (Shulchan Aruch, Choshen Mishpat 312:1; Shut Harashba I:1028). This is true even if the renter cannot continue due to extenuating circumstances (Shut Harama 20; Shach, 312:2). Therefore, the rental is intact until 30.6.20, and def must pay the full price.
Def said that he does not want to stop the rental but to have someone take his place. However, in our days, subletting is permitted only if the contract allows for it (Pitchei Choshen, Sechirut 4:(22)). This contract permits "bringing in an additional tenant according to these conditions." According to pl, that means that def would remain the renter, but that he could bring in someone to use one of the rooms in addition to him, under def’s responsibility. Beit din accepts pl’s reading of the contract. Since there is no contractual clause allowing def to find a replacement, pl was permitted to make his agreement to such an idea conditional on def fulfilling his financial obligations.
Pl had an obligation to accept a replacement tenant if it did not hurt him, including that the person must be fully acceptable as a tenant (Beit Yosef, CM 312). That potential tenant in this case did not want to get involved as long as there was conflict between pl and def. Upon questioning the litigants, it does not appear that pl put any undue pressure upon the prospective replacement. It was reasonable for pl to not let def off the hook when it looked like he wanted to avoid paying all that he owed.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
675 - Paying for Changes to Building Project–part II
676 - A Commercial Rental for a Closed Business – part I
677 - A Commercial Rental for a Closed Business – 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 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
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 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: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 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.
