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- P'ninat Mishpat
Ruling: This ruling is generally based on two broad principles. 1) When there is a doubt as to whether a litigant should be able to extract payment, we say that the one who wants to do so is not believed without proof. 2) When it appears that one is obligated to pay, but an expert is needed to determine how much and the expense of hiring an expert for a relatively small claim is illogical, beit din rules based on compromise.
Regarding painting, the contract states that the apartment must be returned painted. Pictures that pl presented show areas that are not reasonably painted. While the price estimate pl presented is reasonable, it is not necessary to redo the whole paint job, as the pictures show that only fixing up, and not redoing, is necessary. Since this type of work does not even require a professional, the price to be paid is 300 NIS.
Regarding cleanliness, pl did not prove that the apartment was returned in a dirty state, and therefore the majority of dayanim rule that def are exempt. According to one dayan, the implication of def’s presentation leaves room to believe that the cleanliness was somewhat sup-par, but that can be remedied by a cleaning that costs 250 NIS.
Regarding the door, the contract states that def are exempt from paying for normal wear and tear of the apartment. Pictures indicate that the door is not in bad enough condition that it needs to be replaced. However, it appears that the wallpaper on the door should be changed, for which we will obligate 400 NIS.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
747 - P'ninat Mishpat: What is Included in Costs of the Elevator?
748 - P'ninat Mishpat: Dispute upon Ending Rental
749 - P'ninat Mishpat: Proof Needed to Remove a Squatter – part I
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Regarding the counter, it is difficult to know what happened during the seven years of rental. Def deny that this is the place where the hot plate was placed and do not have an explanation as to what caused the stain and the crack. According to the majority of the dayanim, since there is no proof that def did anything that caused the problems, they are exempt. According to the minority opinion, we can assume that the crack was not from normal use. However, even according to that opinion, there should be no more than payment to compensate for the aesthetic deterioration, as the counter is still fully functional.
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 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: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 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
