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Ruling: [We saw last time that the situation comes under the category of hezek re’iya (damaging levels of invasion of privacy). Now we must look at the question of whether permission was given in a binding manner and/or what remedies need to be done.]
Poskim write at length about whether, to establish mechilla (relinquishing of rights) of protection from damages between neighbors, one needs three years of use without protest and the claim of explicit permission or whether a single usage without the owner’s protest suffices. We will only discuss particulars that relate to the issue at hand.
There is a machloket whether mechilla works regarding hezek re’iya. The Ramban says that the affront is so severe that mechilla does not work because the damaged person can later say: "I thought I could handle it, but it is worse than I imagined." Another reason that the mechilla might not work is that it is prohibited to look into another’s property. However, the Shulchan Aruch (Choshen Mishpat 154:7) rules that mechilla does work for hezek re’iya. On the other hand, the mechilla can only work when the mochel is aware of the extent of the damage (Ramban, Bava Batra 59; S’ma 153:3). The Netivot Hamishpat (153:3) adds that he must have experienced the matter several times without responding until beit din is convinced that he relinquished rights. Signing on building plans is certainly binding because people do so only after considering the matter carefully.
In our case, def admitted that they do not think that pl understood the significance of the planned window so that even if we accept their version that she did agree, it would be considered a mechila b’ta’ut (based on a mistake).
However, perhaps if the window is non-transparent, it should not be a problem. The Avkat Rochel (123) says that indeed such a window takes away the problem of hezek re’iya, and we do not have to be concerned that at some time in the future it will break. In general, possible future problems are not considered damage in the present. So too, as long as def make the window unable to be opened, they removed the damage, even if we can understand pl’s concern that the arrangement can be reversed.
P'ninat Mishpat (829)
Various Rabbis
315 - Buying Usurped Merchandise
316 - Misplaced Window?
317 - Partners in Practice
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P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 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
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.
