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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 (825)
Various Rabbis
217 - Dispute over Sales Price and Product Quality
218 - Acceptance Committee
219 - Friendly Buy-Out? – part II
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P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 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: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.