YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: Par. 1b of the new contract says: "Def will return to pl the expenses of building the elevator shaft and also the expense of buying the elevator and its installation in the shaft." Since it does not mention financing of the loan, pl should not be able to demand compensation. Financing is a distinctly different expense from the ones mentioned. There is additional reason in this case because pl had available a possibility of funding without interest and did not take it. Since financing is a very individualistic expense, there is no reason to simply assume that def would be obligated in it.
If def had sent pl to take the loan, it could have been def’s responsibility to pay its costs, but this was not claimed, let alone proved. Even if there were a doubt if the obligation included these costs, we resolve doubts by putting the burden of proof on the one who wants to extract money (i.e., pl).
At some point, def inquired about the interest that pl was paying, but there is documentation of his surprise at how much it was and his refusal, before signature on the agreement, to pay for it. Beit din understands that def was aware of interest payments but was only willing to pay for it if it had been a small amount of money. The implication of the documentation is that the reason for def’s discount in rent is the fact that pl wanted to own the elevator after the period of rental, not due to any agreement of def to pay interest.
Finally, beit din rejects pl’s claim that regarding property in Judea and Samaria, where governmental involvement in real estate commerce is weaker, agreements are more fluid and one should follow credible claims about oral agreements relatively more than the precise wording of a contract. Beit din is not aware of and does not accept such a geographical distinction. Furthermore, in this case, there is a very carefully written contract, and it makes no sense to claim that it is not to be taken seriously.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
773 - P'ninat Mishpat: A Flawed Used Car – part II
774 - P'ninat Mishpat: What is Included in Costs of the Elevator?
775 - P'ninat Mishpat: Dispute upon Ending Rental
Load More
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
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 A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part I
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
