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The gemara (Bava Batra 8b) says that the people of a city can set rules for measures and price rates and enforce their regulations by means of penalty. The Mordechai (ad loc. 480) brings two opinions as to the source of this authority of the tuvei ha’ir (municipal leaders). The Maharam (accepted by the Rama, Choshen Mishpat 2:1) says that they possess the Beit Hadin Hagadol’s status that enables confiscating property when the matter is necessary for migdar milta (to fix a situation). However, Rabbeinu Tam says that migdar milta applies only to religious matters and that the tuvei ha’ir can only takes steps to enforce that which the people have already agreed upon.
There is also a machloket whether it is necessary for the regulations to be approved by an adam chashuv (important person) who is appointed to oversee the needs of the city’s people when they adversely impact on part of the population. The Rivash (399) says that this is unnecessary, but the Tashbetz (Chut Hameshulash 15), Rama (CM 231:28), and Shach (ad loc. 4) require such an approval. The Tashbetz adds that it is insufficient for the adam chashuv to be a talmid chacham; the main criterion is that he be appointed to oversee the population’s needs.
Based on the aforementioned, it is logical to accept municipal regulations as publicly approved decisions. In a time and place where there are usually not talmidei chachamim with official responsibility to oversee the public’s needs, there is logic to say that there is not a need for an adam chasuv’s approval, which is necessary only when there is an appropriate person to give it.
Some Rishonim integrate the element of the laws of the kingdom and local practice as halachic factors, beyond the element of the need to follow local regulations and the matter of dina d’malchuta. The Rashba (Shut I, 1032) says that if one opens a window to the public domain in a manner that is locally permitted, his neighbor on the other side of the street cannot make him close it. This is because the former is viewed as opening to the public domain as the king wants, which a neighbor cannot stop even if we would normally view it as an infringement on the neighbor’s privacy. The Rosh (Shut 99:6) says that in a place where the practice is to have beams extend from the houses out in the direction of the public domain, we do not say that the airspace before the house is hefker (free for all to claim).
P'ninat Mishpat (829)
Various Rabbis
111 - How Do We Judge These Days?
112 - The Status Home Expansion
113 - The Status Regarding Home Expansion
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 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
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
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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.
