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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 One could discuss what would happen if pl had rescinded his threat, but since pl never rescinded it, def can decide to leave based on the situation when she left.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 (827)
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
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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
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
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
Rabbis in Midrash
Lessons
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