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- P'ninat Mishpat
Ruling: 1. Fire safety system: Claims: When def gave pl access to the stores, the fire system did not work, which prevented pl’s renters from receiving permission to operate the stores. To save the situation, pl spent 10,675 NIS to have a new system installed. Pl claims that def is responsible because he did not fix the system promptly. Def counters that the whole problem was one faulty battery, and he should not have to pay for the unnecessary expense of pl installing a new system, separate from the whole building’s system, and that part of the problem with the system was changes pl did to the stores.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
743 - Compensation for Transfer of Business to One Partner – part VII
744 - Problems Arising from the Sale of Stores in New Project – part III
745 - Paying Damages for a Biting Dog
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2. Flaws in the ceiling and walls: Claims: Pl claims that there are many flaws, just that they are presently covered by a drop ceiling. Def counters that due to the drop ceiling, they cannot even know if there are any problems, and that if there are problems, they would be ready to fix them, which they cannot do now. Also, for the foreseeable future, any flaws would not cause problems.
Ruling: The claim is dismissed on a couple grounds. First, with a lack of proof that there are flaws, strict law does not call for payment. Second, when there is not a good reason to disallow one who is responsible to have something fixed from doing so himself, according to the Tumim and Netivot Hamishpat, the damaged side cannot force the obligated to pay money. Finally, as long as there is no plan to raise the ceiling, there is no damage to pay for.
3. Misplaced door: Claims: Pl claims that he wants to move one of the doors, which was not installed according to plans (cost estimate is 3,500 NIS). Def responds that pl saw the location on the day of transfer and accepted the situation. Pl denies agreeing. Def was asked to provide records of the day of transfer but found only one page.
Ruling: Since there is a definite deficiency and only an unproven claim of waiving of rights, def should pay. The need to move the door and its practical cost are not fully clear. Based on compromise, we obligate def 2,500 NIS for this.
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 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 Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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.
