Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
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 (835)
Beit Din Eretz Hemda - Gazit
673 - Unpaid Rent during Corona
674 - Did the Realtor Help?
675 - Did the Realtor Help? - part II
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
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 Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 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
