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- P'ninat Mishpat
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 (832)
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.
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based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
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based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
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based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
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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)
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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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