Yeshiva
Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Ruling: 1. From pl’s comments during the hearing, it is clear that at the time he did the repairs, he had no plans of charging def, commenting that pl and def were so close that just as one would not charge his son, pl would not charge def. When one does a service for another with the intention of it being for free, it is like giving a present, and one cannot charge later (Netivot Hamishpat 12:5). His claim that he changed his mind now that they had a fight is exactly what we are concerned about when someone makes a late claim for payment (Terumat Hadeshen 317). Therefore, there is no payment even if pl did not promise and even if the damage was not his responsibility.
2. When one has an open-ended rental agreement, either side can end it with 30-days’ notice (Shulchan Aruch, Choshen Mishpat 312:7). However, in this case, throughout the seventeen years of rental, all the written contracts and oral agreements covered a year. If def had claimed that this past agreement was for shorter or left open, there would be what to investigate. However, def’s excuse was that he received permission to leave when he did, not that there was never an understanding of a year’s rental (which he did not prove). Therefore, def is bound to fulfill the oral or assumed rental agreement until the time it ceased, naturally or by agreement (ibid. 1). This applies both to the rent and the other expenses.
3. A renter who supplies appliances for the rental apartment is permitted to remove them before leaving. There seems to be agreement that various fluorescent lights that were in the property when def entered, broke during the seventeen years of occupancy. Since the contract states that pl cannot charge def for that which broke during normal usage, def does not have to pay for the no-longer-present fluorescent lights.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
716 - Various Issues Regarding a Printing Press – part I
717 - Various Issues Regarding a Printing Press – part II
718 - Problems Arising from the Sale of Stores in New Project – part I
Load More
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)
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: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
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)
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
