Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: Corona discount for the rent: Def’s initial agreement to the rental payment is considered a binding admission of obligation, and therefore we do not accept the new claim of partial exemption. Furthermore, the exemption due to a makat medina (a broad problem that prevents use of something rented – see Bava Metzia 105b) does not apply here, because many yeshivot were able to use their buildings during the pandemic. Therefore, def has to pay the unpaid rental fees in full (85,000 NIS).
Payment for removed improvements: Beit din accepts pl’s fundamental claim. First, the contract requires def to leave whatever they permanently installed into the structure, which applies to air conditioning and light fixtures. Secondly, the contract requires def to provide those things in the renovation for which they were compensated. That which was included in the contract is binding based on two kinyanim: 1. Chatzer – pl’s property acquired that which was placed into in. Although there is a machloket of whether kinyan chatzer works with property that is rented out (see Shulchan Aruch, Choshen Mishpat 313:3 and Acharonim ad loc.), since the contract says that the provisions shall take effect "in the best possible way," we accept the opinions that it works. 2. Situmta (societally accepted finalization – see Shulchan Aruch, CM 201:2) – Whatever is stipulated in a signed, written contract is considered binding.
However, beit din reduces (by 8,211 NIS) the amount due on the air conditioning, as units that pl was to have received depreciate over the year (fixtures do not).
Late payment – The contract speaks of 400,000 NIS payment without the need to prove damage for delay in implementing the contract. However, beit din agrees with def that the lateness penalty is for def not leaving the building at the end of the contract, not for payment.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
672 - Limiting Exorbitant Lawyer’s Fees – part II
673 - Unpaid Rent during Corona
674 - Did the Realtor Help?
Load More
Beit Din Eretz Hemda - Gazit
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
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 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
Lessons
fast navigation
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
