Yeshiva Beit Midrash
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: The mishna (Bava Batra 20b) says that while neighbors can protest someone opening a store in their courtyard if it produces noise, among the things to which they cannot object is the noise of schoolchildren at a Torah school. The gemara says that an exception was made for schools due to the institution of Rabbi Yehoshua ben Gamla, who said that schools for children to learn Torah must be made in every town, and children should enroll in the schools from the age of six or seven. These ideas are accepted as halacha (Rambam, Sh’cheinim 6:12 and Shulchan Aruch, Choshen Mishpat 156:3).
Should the presence of a new mother change the situation? While the Rama (CM 156:2) says that one cannot prevent someone from making noise inside his own home, sick people who are harmed by the noise can protest. Thus, we see that sick people can prevent some forms of noise that others are not able to. However, most poskim (see Pitchei Choshen, Shechenim 15:(74)) say that this limitation does not apply to schools in which Torah is taught. Furthermore, if any new mother were able to protest, the idea of schools being able to exist throughout a town would effectively be uprooted, as, baruch Hashem, new mothers can be found in almost any location. Thus, pl would not have grounds for forcing def to move its operations.
The Nimukei Yosef (Bava Batra, 10b in the Rif’s pages) says that a Talmud Torah cannot be forced to move even if there are alternative locations where they can operate, including shuls. The Chatam Sofer (Bava Batra 21) explains that the implication of Rabbi Yehoshua ben Gamla’s institution is that the local populace must contribute to the ability of schools to exist, and this includes by allowing them to use residential areas without requiring them to search for alternatives.
P'ninat Mishpat (835)
Various Rabbis
198 - A Kibbutz’s Rights to Fringe Benefits
199 - School Recess that Disturbs Neighbors
200 - Misplaced Window?
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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 III
based on ruling 84013 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: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Lessons
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.

P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts


















