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Ruling: Israeli law regarding real estate agents determines that they are entitled to their fee only if three conditions are all met: 1. They are licensed agents. 2. They signed the client to a detailed contract. 3. They were the "effective factor" in bringing the sides to an agreement. In several piskei din of our network, we have determined that we generally view this law as the valid "law of the land" for these purposes. This is to a great extent because the law is designed to prevent quarrels over when the agent deserves payment (see Shut Harashba II, 356).
We should therefore determine whether pl was the effective factor for def’s renting of the apartment. On the one hand, def claimed that they had a promise in hand from the owners to let them know if the apartment was on the market in a manner that was feasible for them. On the other hand, def could not assure us that this definitely would have happened. Pl is correct that the fact that the owners had already lowered the price from 7,500 to 7,000 NIS (for the present renter) without telling pl raises questions if they would have let def know this time, and especially if the renter would have presented them with someone ready to rent at their price.
However, we believe that there is still doubt on the matter. If the renter had not found a new renter promptly, the renter might have told the owners who then likely would have approached def. We note that while in the beginning, pl rejected def’s entire story as a fabrication to get out of paying, evidence presented during the hearing caused him to accept def’s story. We note also that def suggested calling the owners while in beit din to hear their perspective and pl refused (as was his right) to do so. Therefore, the question of credit for facilitating the rental remains unsolved.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
707 - Unpaid Rent during Corona
708 - Did the Realtor Help?
709 - Did the Realtor Help? - part II
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 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
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 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: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
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Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
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P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 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)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
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Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
