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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 (829)
Various Rabbis
217 - Dispute over Sales Price and Product Quality
218 - Acceptance Committee
219 - Friendly Buy-Out? – part II
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Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
