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Ruling: Rental rate : When questions arise about how to understand a contract, the one who needs the document to extract money has to prove his contention (Shulchan Aruch, Choshen Mishpat 42:5). That is said in the case of doubt, all the more so here where the contract is clear that it is 5,000 NIS, and def is claiming there is an oral stipulation which essentially contradicts that which is written. That requires a strong indication to be believed (Nachal Yitzchak, CM 61:16). Furthermore, the amounts given would not even work out exactly if they were to correspond to the expenditure of the air conditioners.
Reimbursement for the air conditioners : Since we have determined that the rental rate was unrelated to reimbursement for the air conditioners, there is no argument that there was supposed to be reimbursement, and that no other form was used, pl must pay def 11,900 NIS.
Lashon hara : According to the basic Halacha, embarrassment from words is not payable, but beit din has authority to obligate exceptional payment when they see fit (Shulchan Aruch, CM 420:38). In this case, the majority of dayanim did not consider it appropriate to obligate payment for a few related reasons: Pl did not premeditate to insult or discredit def, but pl reacted (albeit, poorly) to a tense situation of mutual recriminations. The Shulchan Aruch and Rama (ibid. 39) say that intention is significant in these matters. Also, there are indications that def may have pushed pl, in which case we can apply the Rama’s (CM 421:13) ruling: "One who hits his counterpart, and the counterpart called him a mamzer, he is exempt …" The majority did not want to apply the Israeli "Law of Lashon Hara" because while negative things were said to others (in this case, def’s children), the things that were said were not intended for that "audience," who just happened to be there.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
783 - P'ninat Mishpat: Rental of an Apartment that Was Not Quite Ready – part I
784 - P'ninat Mishpat: Rental of an Apartment that Was Not Quite Ready – part II
785 - P'ninat Mishpat: Rent of an Apartment Without a Protected Room
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Beit Din Eretz Hemda - Gazit
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 A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
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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: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
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
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based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
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(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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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)
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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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)
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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)
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(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
