Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: [We saw that the "removal clause" is binding.]
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
698 - Disagreement on Length of Rental Commitment – part I
699 - P'ninat Mishpat: Disagreement on Length of Rental Commitment – part II
700 - How Much Pay for the Fired Lawyer? – part I
Load More
What if the clause were not intact? At the end of a set rental period, a landlord can remove a tenant with no warning (ibid. 8), as a tenant can leave with no warning (S’ma ad loc. 13). The Shach (ad loc. 10) implies that this is even if the landlord had continued living there thereafter. In the latter case, some say (see Chochmat Shlomo ad loc. 1) that if a long time passed, the tenant cannot be removed suddenly, because at that point, he had no reason to suspect the need for sudden relocation. However, Chochmat Shlomo says that 30 days is sufficient warning. The Aruch Hashulchan (ad loc. 24) says that the warning period could be no longer than the contract’s duration. In this case, the sides had yearly agreements, and at the "anniversary" of renewal (in this case, June 2022) pl could have stopped it then; thus, pl’s warning in May sufficed.
Israeli law (Law of Renting, par. 19a) requires "reasonable" warning. Pl says that three months is plenty, and def says a year is needed. Although it is not clear that the law is halachically binding, in any case, when the agreements were on a yearly basis, a full year of warning could not be needed. Therefore, three months definitely suffices.
At this point, when many months have passed since the warning, but the ruling is being given only now, we might apply the ruling that generally 30 days are given to implement a ruling (see Netivot Hamishpat 100:1). The Chikrei Lev (CM I:62) says that this is not so regarding continuing rentals because the landlord is muchzak. However, we decide that without 30 days to move out, def would be caused hardship.
Beit Din Eretz Hemda - Gazit
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)
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
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: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 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
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
