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Beit Midrash
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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 (832)
Beit Din Eretz Hemda - Gazit
775 - P'ninat Mishpat: What is Included in Costs of the Elevator?
776 - P'ninat Mishpat: Dispute upon Ending Rental
777 - 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
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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)
Re'e NEVER EXTREME EXCEPT ISRAEL
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.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
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.
