YeshivaThe torah world Gateway
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 (829)
Beit Din Eretz Hemda - Gazit
705 - Limiting Exorbitant Lawyer’s Fees – part II
706 - Unpaid Rent during Corona
707 - Did the Realtor Help?
Load More
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 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 Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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.
