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Ruling: Def is correct that pl did not buy the rights to the area in question, but they do have a status of a partner in it, not in the classical sense, but in the fact that the area directly under their apartment is reserved for the building use of his apartment. Specifically, if the apartment would fall or serious repairs were needed, pl would have the right to use the area as the foundation of the rebuilding or the place to begin the work (Shulchan Aruch, Choshen Mishpat 241:6). The S’ma (175:95) says that in such a case, the owner of the house above has precedence over a bar metzra (regular neighbor), and he has the first right to buy the adjoining area. There might be some grounds to argue, if def had already bought the land, whether pl’s rights allow him to employ the rules of bar metzra and cancel the sale of the other buyer (see S’ma 175:88). However, in this case, where no one has bought the area yet, pl has a clear advantage.
It is true that pl’s official status is as chocher (a long-term renter) of his apartment. However, the Shulchan Aruch (CM 175:51) says that even if one party does not have permanent rights in the land, at the point that he has rights he is considered as a partner who has precedence over a neighbor. Pl has another advantage in that he is owner along with this wife, and there is a concept that a bar metzra cannot push off a woman. While there is significant discussion whether this is true when the woman is married (see Maharit II, 4) and we would not allow the married woman to extract the property from one who already bought it, in this case where it was not yet bought, pl has a further reason for precedence.
A final major advantage that pl has is that even if def already legally obtained the area, he is not allowed to dig there because of the damage he might cause to pl’s apartment (see Shulchan Aruch, CM 214:4). Thus, def does not have authority to connect his store to the area in question, whereas pl who is directly above can do so. Thus, def does not enjoy the status of a bar metzra, who is one who is allowed and able to connect his existing property to the one he desires.
P'ninat Mishpat (829)
Various Rabbis
179 - The Ability to Collect Interest and Fines Levied by Secular Court
180 - Who Is Allowed to Build the Plaintiff’s Apartment?
181 - Unclear Language in a Divorce Settlement
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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: Undoing a Problematic Partnership – part III
based on ruling 84061 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: Smoking Rights in a Rental? – part I
based on ruling 85076 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
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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.
