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Beit Midrash
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Reuven owned a home, which was rented out to Shimon for two years, and during this time Reuven gave it to his daughter Sarah as a dowry. A year later, Sarah appointed Levi to sell the home. Levi told Shimon that he was going to sell it, and Shimon did not act immediately, but his wife said soon after its sale that they were interested in buying the home they were renting for themselves. The question is whether the law of bar metzra, whereby one who has a natural connection, usually as a neighbor, to property that was just sold can compel the property’s buyer to transfer it to the bar metzra at the same sale price.
In this case, there are several doubts as to whether the law of bar metzra applies. One is the opinion of Rabbeinu Tam that it applies to fields but not to homes. Another doubt is whether one whose connection to the property is that he is renting it is a beneficiary of the law. Yet another question is how long the renter has to offer to buy the field.
In general, we should point out that the law of bar metzra is a rabbinical innovation to give special rights to allow one with a connection to the property to acquire it. While the Rabbis attached to this law the pasuk of "you should do the good and the straight in the eyes of Hashem" (Devarim 6:18), that is not a halachically binding source. Therefore, in cases of doubt, we should not employ this rule when it is not clearly mandated, thereby uprooting the Torah-level law that the buyer has attained ownership of the property and cannot be forced to give it up. On the other hand, if the community accepted this law with a cherem (a ban), the efficacy of the cherem is like that of Torah law, and out of doubt one should not take the action of expelling the renter from the home to which he is entitled in abrogation of the cherem.
Furthermore, the efficacy of the kinyan (act of sale) that the buyer made is questionable because at the time of the sale, the renter still had the right to live there until the end of the rental period. In a case, then, that the sale can take effect only after time, it is not clear that the transaction was valid, even though the rental period will end by itself at the end of a defined period.
P'ninat Mishpat (829)
Various Rabbis
263 - Divorce After a Non-Halachic Wedding
264 - The Law of Bar Metzra
265 - Inheritance of a Rabbinical Position
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P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 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
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: Return of Down Payment Due to War – part I
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
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.
