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Ruling: After the sides agreed orally, there were multiple elements that (might have) served as a kinyan. Paying for the rental is a kinyan (Shulchan Aruch, Choshen Mishpat 190:1), and many poskim say that giving checks (which def did) counts as money. The signed contract is a kinyan at least as situmta (see ibid. 201:2), even if the contract does not contain a date (see ibid. 317:2). Use of the property is also a kinyan (ibid. 195:9). Once there is a kinyan, the assumption is that rent is due until proven that it was supposed to be for free. The fact that there was no tofes 4 does not preclude a real rental because communications between the sides show that def was aware that there was not going to be one in the beginning and that it was not clear when there would be one. It is also noteworthy that def first brought up this claim only several months after they entered the apartment and some payments were already made.
According to def there was explicit agreement not to pay rent until permanent electricity was installed, and such an agreement can be valid, but pl denies this. Usually in such cases, we say that the one who wants to extract payment (in this case, pl, since he wants payment for rental from def) must bring proof. However, since there was a relationship in practice of renting (i.e., def actually lived there with pl's permission), to claim that a condition exists to exempt natural payment requires proof (see Shut Harashba I:972; K'tzot Hachoshen 251:1).
Although the rental contract is undated, this does not invalidate the contract. We can also deduce that def considers the contract as valid from the fact that they used it to support some of their claims. As far as from when to apply the contract, naturally this would be when def started living there. In this case, pl admits that it started a few days later, in the beginning of Sept. 2021.
We continue next time.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
781 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part IV
782 - P'ninat Mishpat: Rental of an Apartment that Was Not Quite Ready – part I
783 - P'ninat Mishpat: Rental of an Apartment that Was Not Quite Ready – part II
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Beit Din Eretz Hemda - Gazit
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 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 Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
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: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 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
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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.
