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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 (835)
Beit Din Eretz Hemda - Gazit
637 - Paying for Changes to Building Project–part II
638 - A Commercial Rental for a Closed Business – part I
639 - A Commercial Rental for a Closed Business – part II
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
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 III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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
