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Ruling: During the period that def lived in the apartment, she must pay in full. Even in cases (see below) that the renter can "reduce the rent" due to extenuating circumstances, that is when he is unable to use that which was rented, but here def used the apartment, even if with less than complete satisfaction.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
785 - P'ninat Mishpat: Rental of an Apartment that Was Not Quite Ready – part II
786 - P'ninat Mishpat: Rent of an Apartment Without a Protected Room
787 - P'ninat Mishpat: A Used Car with a Tendency for Engine Problems
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The Shulchan Aruch (CM 321:1) says that if one rented a field and a makat medina (a broadly experienced oness, e.g., the drying up of a river) prevented its ability to be used, the renter can take off from that which is due. The Rama (CM 312:17) adds that in the case of a makat medina, even if payment was made, it can be retrieved.
It is difficult to determine whether this case is considered a makat medina. On the one hand, the town was not evacuated, as there were few attacks, and people were willing to rent the apartment despite the lack of a mamad. On the other hand, part of the reason the town was not evacuated is because most people have mamads, and some civilians did self-evacuate. Therefore, we treat this question as unsolved. There is also a machloket Acharonim whether the ruling of oness on rental is for any type of oness or only for the renter’s death (see Pitchei Choshen, Sechirut 6:(24)).
Standard halacha (see Rama, CM 312:7) is that the landlord can only refuse changing renters if the new one is problematic. However, here this is trumped by the clause in the contract that gives the landlord more discretion. His concern about his ability to handle switches is not random.
We accept the approach that giving post-dated checks gives the landlord the upper hand in case of disputes. Therefore, pl is considered muchzak for questions of safek.
Beit din imposed the following compromise. Def has to pay in full until the time of the beit din hearing (April 2024). From that time on, responsibility to rent out the apartment reverted to pl, and def was exempt from then on.
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 Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 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: Sharing in Plumbing Expenses – part I
based on ruling 85013 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.
