Yeshiva
Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Ruling: The fundamental question is whether, when one has protected right to pass through another’s property, the owner can take away from the quality of the passageway in a minor way.
The mishna (Bava Batra 99b) deals with a path one person uses through another’s field. If the path is through the side of the other’s field, the passerby can come and go as he likes and can bring in merchants through the path, but he cannot use it to pass into another field, and neither party can plant vegetation on the path. If it is in the middle of the field, the passerby can go only at standard times, cannot bring in merchants, and the owner of the field can plant vegetation there.
We can learn from the mishna that even when one acquires rights of passage through another person’s property, it does not equate the rights of the passerby to those of the owner. For that reason, the owner, in the latter case, can plant in the path even though this makes traversing it more difficult. The Rashbam (ad loc.) and the S’ma (169:5) explain the distinction regarding the path’s location as follows. When it passes through the heart of the owner’s field, one can assume that he did not give rights that would harm his own use of his field, i.e., the right to plant there.
It is not our intention to make a "one-to-one" analogy between the cases. However, considering that def’ and his customers also use the walkway adds to our observation that the changes do not drastically impact the quality of passage. To not allow def to build in a manner that he feels is of importance to his store and, certainly, to make him destroy that which was already built is too drastic a step to demand of the owner to protect marginal interests of the people with rights of passage.
While pl’s claims were rejected, beit din took note of def’s stated willingness to make certain improvements in the state of the walkway to mitigate the deficiencies created by the new roof. Beit din conveyed to def that it expects that he will carry out those commitments to help restore peace and good will.
P'ninat Mishpat (835)
Various Rabbis
263 - Looking for a Flaw
264 - Rights to Make Changes in a Walkway
265 - Applying the Law
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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: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
