YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
The plaintiff (=pl) planted an orchard near his house, allegedly with the permission of his yishuv’s secretariat. Some time later, development began on the land for a new neighborhood. Workers have already covered some saplings and damaged a fence. Pl is demanding that work stop on what, according to his calculations, is his property, that he be compensated for the damage already done, and that the settlement (=def) transfer certain trees and install pipes, etc. in a new location. Def is unaware of any permission given to pl (the person who might have done so has died). They argue that development plans were open to the public and that the measuring system they are using is that of the Ministry of Housing, who also rejected a plan to move the new neighborhood to help pl. They are not responsible for pl’s mistake, although they are willing to pay around half of his demands as a good will gesture.
Ruling: The governmental measuring is the binding one, and thus pl built on public property. When one builds on another’s land who does not protest, he acquires a chazaka to certain rights (Shulchan Aruch, CM 153:2). This, though, does not apply in our case for the following reasons: The lack of public protest is inconsequential because people rely upon each other (ibid. 149:31). Also, there must be a potential short-term disruption to the owner’s ability to use his property at the time of the chazaka for the silence to be mechila. In this case, the future need was not evident. Also, when one’s continued use of the field will not only limit but eliminate the owner’s use of the field, chazaka must take place over three years. In this case, the orchard will prevent the area’s use for development, and there were not three years of chazaka.
When one plants his friend’s field with permission, he is to be reimbursed according to the value of his work (ibid. 375:1). The Maharit says that this is only if there was explicit permission, not the owner’s silence. The Knesset Hagedola says that lack of protest is like permission. In a case of questionable permission, the rule is that a public wins against an individual (Rama, CM 4:1) and in this case, then, def does not have to reimburse pl. However, beit din was convinced that pl acted with good intent and, therefore, expect def to make serious efforts to alleviate pl’s loss based on the idea that the community is like an important and richer person, who should try to go beyond the letter of the law. Therefore, they should try to move the orchard to another location and equip it. One of the cases where one may uproot fruit trees is if they ruin another person’s field or his ability to build (see Taz, YD 116:6). Acharonim dispute whether in such a case we demand of those whom it bothers to dig out the roots and replant. If it is feasible here, def should do so.
P'ninat Mishpat (829)
Various Rabbis
79 - Mechila As Part of a Broken Agreement
80 - Trees That Were Planted in a Public Area
Load More
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 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.
