YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: [We saw last time that in cases in which many points are left in doubt, all the more so when the sides show little interest in corroborating claims, it is proper to build a ruling based on compromise that incorporates the various doubts. The first doubts we discussed were whether def had health needs that warranted smoking cannabis and whether pl had promised dn that he would not rent out the apartment to a cannabis smoker.]
Did pl end the agreement (including an additional three months’ rent for early departure) when he demanded of def that she could not remain if she continued smoking? If pl had the right to compel def not to smoke in apt, then he was not ending the agreement but enforcing it according to his rights. However, if def had the right to smoke cannabis under the circumstances, coercing her to stop is a fundamental breach of the contract, which gives the renter the right to live normally in apt, including treatment for serious medical needs. Because def provided no corroboration of her claim, the doubt on the matter is not one that favors her.
If pl breached the contract, did def give up her resulting right to end the agreement by continuing to live in apt? When a sales agreement is voidable due to a flawed sales item, the buyer loses his right to void it if he continues to use it after uncovering its flaw (Shulchan Aruch, Choshen Mishpat 232:3). However, this rule does not apply to breach of contract. One could discuss what would happen if pl had rescinded his threat, but since pl never rescinded it, def can decide to leave based on the situation when she left. Furthermore, even when one agrees to a problematic situation, if it involves significant physical pain, he may rescind his agreement (see Ketubot 70b). It is questionable (one of the matters that were not clarified) whether def can also claim that it was unfeasible for her to leave apt right away.
Based on the various indications discussed, beit din, based on majority, awarded pl 45% of the rent for the relevant time. [Next time we will see discussion of when to begin and end the up-to-three-month period.]
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
827 - P'ninat Mishpat: Smoking Rights in a Rental? – part I
828 - P'ninat Mishpat: Smoking Rights in a Rental? – part II
829 - P'ninat Mishpat: Smoking Rights in a Rental? – part III
Load More
Beit Din Eretz Hemda - Gazit
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
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
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: Sharing in Plumbing Expenses – part I
based on ruling 85013 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
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.
