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- P'ninat Mishpat
Ruling: When an agreement is extended without a new contract, we assume that it is done based on the stated previous conditions (Rama, Choshen Mishpat 333:8). Pl and def’s original contract states that any relinquishing of rights is binding only if it is done in writing. Since the two sent messages to each other about leaving the apartment early via WhatsApp, this is considered in writing.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
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However, to end the financial obligations, the apartment has to be returned in a rentable manner, and since it badly needed a painting (due to mold), which was pl’s contractual obligation, the obligation continues. Since pl did not take care of the painting until into April, def is entitled to rent for the entire month. There is a machloket if the renter deserves a discount when he was not using the property (see Mordechai 345 and K’tzot Hachoshen 316:1). Since the Shulchan Aruch/Rama does not rule on this matter, we will not make def return the rent for this time.
Regarding reimbursing for repairs done, def agrees that pl deserves something, and in general we make the recipient of property improvements pay according to the value added (Shulchan Aruch, 375:1). Because it does not make sense for beit din to have the sides pay for an expert to check this, beit din estimates the improvement at 850 NIS, which is what we require def to reimburse pl.
Beit Din Eretz Hemda - Gazit
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#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
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#222 Date and Place: 2 Elul 5669 (1909), Rechovot
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 P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 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
