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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 One could discuss what would happen if pl had rescinded his threat, but since pl never rescinded it, def can decide to leave based on the situation when she left.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 (831)
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
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 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: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
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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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)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
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)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
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.
