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Why are the Laws of Neighbors so affected by local custom? The Chatam Sofer (Shut V, 79) points out that living situations clearly must have undergone great change from the time that Jews lived in their own land to when they lived in exile. Nevertheless, the Talmudic chachamim of Bavel were able to judge issues that arose among Jews, and that which they ruled became Torah law and determined what is appropriate from a Torah perspective. The Chazon Ish (Bava Batra 12:6) writes similarly that it is the chachami’s authority to determine what is considered a person acting on his own prerogative in his property and what is considered damaging one’s friend. Whatever they decided, says the Chazon Ish, became the Torah law.
The logic behind these ideas is that the basis of the Laws of Neighbors is that one is forbidden to steal from his friend. Regarding movable objects, stealing consists of taking another’s object. Regarding living quarters, where one has rights to use the property, there are gray areas in regard to what actions infringe on another’s rights to use his property as he deserves. The chachamim had to draw the lines. It is possible that in regard to a place where the government or municipality supplies the population with the right to build and live, the guidelines they set have a strong impact on the related halacha.
What happens when the local regulations do not add restrictions but take away from the protection that halacha gives members of the community? Sometimes, at least according to certain opinions, we do not follow the local minhag in these matters. Rabbeinu Tam (Tosafot, Bava Batra 2a) says that when the local custom is to make a fence between the properties of two partners that does not uphold privacy needs, we do not follow the minhag. The Rosh (Shut 18:15) says that even when the practice among the non-Jews is to allow one to build in front of another’s window and cause darkness, local Jews may not do this to their friends.
In other words, local practice can add restrictions but cannot eliminate those that are halachically mandated. By adding restrictions, one is not going against the halachic rulings, as the permission had been contingent on the prospect that it would not infringe on another’s own acquired rights. When local practice gives him more rights, it is as if he acquired additional property. The gemara (Bava Batra 22a) says that one has to leave four amot next to a neighbors wall so that people’s walking next to the wall will strengthen it. The Maggid Mishneh (Shcheinim 9:9) explains that it refers to where the property was acquired from the king, which, according to local practice, means that an additional four amot were put at his disposal for this purpose.
P'ninat Mishpat (829)
Various Rabbis
113 - The Status Home Expansion
114 - The Status Regarding Home Expansion
115 - Litigants' Agreement to Special Rules of Adjudication
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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: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 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.
