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Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Ruling A kibbutz is a special type of framework founded upon the value of partnership and equality, which finds expression both in the social sphere and in the legal sphere. When beit din is asked to decide matters in the legal/monetary realm, it must base itself on the written agreements between the members of the kibbutz and the kibbutz as a whole. Beit din cannot be influenced by the social elements of the dispute, which is the domain of the kibbutz itself. Thus, complaints about favoritism and selective enforcement are not relevant in the venue of beit din. Only when a certain manner of handling financial matters becomes the norm does it become a factor that beit din should take into account. By means of analogy, if workers at a factory steal raw materials and the management does not always prosecute or punish such workers, this does not mean that they cannot take action against a certain individual worker. Only if the situation is that the management, as a rule, lets workers take the materials may a worker follow the established norm. Therefore, beit din will not alter its ruling based on alleged individual cases of selective enforcement of kibbutz rules.
The kibbutz’s by-laws are the basis of the members’ rights and privileges in relation to the kibbutz, based on the rule that "if one makes a condition, everything follows the condition" (Shulchan Aruch, Choshen Mishpat 176:5). The by-laws clearly state that any money or property that an individual receives from any source is supposed to be handed over to the kibbutz. The use of the enrichment fund was an exception as long as its purpose was such that it could be used only by an individual member, in this case, def. However, once def converted the assets into money that can be used for any purpose by anyone, those monies are like any other that def received. This is similar to other fringe benefits that can be converted into money that can be used for any purpose, and thus it is pl’s right to receive that money.
P'ninat Mishpat (832)
Various Rabbis
235 - An Aggressive Landlord
236 - A Kibbutz’s Rights to Fringe Benefits
237 - School Recess that Disturbs Neighbors
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P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 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
Rabbis in Midrash
Lessons
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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)
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: 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)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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.
