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Beit Midrash
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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 (832)
Various Rabbis
237 - A Kibbutz’s Rights to Fringe Benefits
238 - School Recess that Disturbs Neighbors
239 - 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 Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 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.
