YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: [After seeing that pl can remove def, we now deal with monetary issues. Part of the complication is that after initially taking part in the process, def later boycotted the hearings.]
Although the rental contract is for 20,000 NIS a month, in pre-hearing letters, def’s lawyer essentially admitted that during the year, def expanded their usage of prp and accepted a 5,000 NIS raise in rent. Based on the records pl presented, this raises rental debt to 133,600 NIS. If def reengages in the process and brings claims and/or documentation to dispute the numbers, beit din will reconsider.
It is difficult to determine the exact debt for electricity because the meters do not reflect price differences according to time of day and season. The contract allows pl to charge def according to an estimate. The system pl proposed is reasonable in beit din’s eyes and results in a charge of 12,780 NIS. The same is true of the charge for water (12,876 NIS). Beit din reduced pl’s charge for def’s participation in municipal tax by a few hundred NIS (to 38,322 NIS) because it did not agree with pl charging for full months in the first and last month in which def was not present for a few days in the beginning and end, respectively.
The contract states that def will pay an agreed penalty of 1,000 NIS per day for as long as def refuses to leave prp, in addition to regular charges for usage. One could claim that def is exempt because this is an asmachta (an exaggerated obligation that people accept without believing it will come to fruition). The fact that the contract states that obligations should not be considered asmachta does not remove the ability to claim asmachta. However, the "admission" in the contract that a retroactive kinyan was made on the terms does overcome asmachta (see Shulchan Aruch, Choshen Mishpat 207:15). Also, the fact that the law and minhag are that arbitrators are expected to lower the penalty payment to reasonable levels removes the element of exaggeration at the base of asmachta. Therefore, def is obligated to pay 11,000 NIS up to the date of 19.7.21 and an additional 1,000 NIS a day until they vacate prp.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
781 - P'ninat Mishpat: Proof Needed to Remove a Squatter – part II
782 - P'ninat Mishpat: Proof Needed to Remove a Squatter – part III
783 - P'ninat Mishpat: Hezek Re’iya in Our Times
Load More
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
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
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
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 P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 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 III
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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.
