YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: Beit din will not express an opinion on the legality of a vaka according to the law of the land. If it is against the law, it should not be used.
A community of people, which can take various forms (municipal, professional, etc.) may decide on rules that govern their dealings. However, the gemara says that their decisions must be approved by an adam chashuv (important person) (Bava Batra 9a). The context in the gemara is a group of shochtim who assigned specific days to different shochtim and penalized those who did not conform. Rava disallowed their rule because it had not been approved by an adam chashuv. There is a machloket among the poskim whether this requirement applies only to groups with special interests (e.g., professional societies) in order to prevent abuses of individuals’ rights, or whether cities are thus limited (see Rama, Choshen Mishpat 221:28). The opinions may depend on different approaches to the reason the adam chashuv’s approval is needed: for his honor or to ensure that the decisions are proper (see Ritva and Ran, Bava Batra 9a). The matter of honor may apply to all settings, whereas concern about bad decisions is greater in the professional context. It is also possible that all agree that the adam chashuv is needed to prevent bad decisions and the disagreement is where that concern is sufficiently significant.
The Chatam Sofer (CM 116) says that the need for an adam chashuv’s approval of municipal rules is a minhag that is not halachically binding. Perhaps for this reason people cannot void decisions of the Knesset, which lack such approval. If we assume the adam chashuv in the community is its rabbi (which is not necessarily the case), we should point out that the rule to require approval of vaka was created well before the yishuv had a rabbi. The requirement is certainly only for creating a rule, not for each time one is implemented. Otherwise, no municipality would be able to function normally, and overuse would actually be disrespectful to the adam chashuv.
Therefore, def is allowed to reject a potential resident based on vaka’s rejection. The yishuv should have an apparatus for handling complaints of vaka’s fundamentally flawed use of their authority, and if this is not being done, the complainant can turn to beit din.
[Next issue will deal with the correctness of vaka’s considerations.]
P'ninat Mishpat (832)
Various Rabbis
217 - Dispute over Sales Price and Product Quality
218 - Acceptance Committee
219 - Friendly Buy-Out? – part II
Load More
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
fast navigation
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.
