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Ruling: We have dealt with all of the original points of the claims and counter-claims, primarily siding with pl. Now we will look at the impact of the pandemic.
During 32 days of the time that the business was closed and def was to pay rent, the government-imposed closure prevented such businesses from operating. In general, when use of a rental property becomes impossible due to a makat medina (society-wide plague), the renter is exempt from paying (Rama, Choshen Mishpat 312:17). While this ostensibly indicates that def is exempt for paying for the 32 days, one of the dayanim argued that since def’s decision to not use the unit preceded the closures, def is not entitled to an exemption. The gemara (Bava Metzia 106a) discusses a case of one who rented a field and the area’s vegetation was ruined by infestation, which generally is reason to reduce the rent. The gemara says that if the renter did not plant that season, he cannot gain an exemption because the field owner can say that we treat it as if there was a chance that had he planted, he would have been the exception to the rule. Furthermore, def was not fully affected by a makat medina because he could have used the unit for a different purpose. Also, according to the Maharam Tiktin, we do not exempt a renter for a makat medina when the structure is standing and there is an external reason that affects the renter and precludes him from using it.
However, the majority ruled to give a 50% reduction on these days because of a machloket on the matter. The Rama (Shut 50) posits that if someone improperly reneged on a deal and then a situation arose to prevent its implementation, we say that he became obligated to pay when reneging and does not benefit from the exemption based on the new situation. The Sha’ar Mishpat (333:1) reasons that just because one backed out does not obligate him for a time he would anyway be exempt for. This is especially true of rental, where every day creates a new obligation to pay. The Erech Shay (333:1) argues that the Rama was not referring to a makat medina and might agree in this case. Furthermore. here, def had not removed his furnishings and could have used the unit so that the closure was of significance to him. Therefore a partial exemption is appropriate.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
679 - A Commercial Rental for a Closed Business – part II
680 - A Commercial Rental for a Closed Business – part III
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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
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 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 Payments after a Gradual End of Employment
(Based on ruling 82024 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
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 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.
