Beit Midrash

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קטגוריה משנית
To dedicate this lesson
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[Reuven bought a piece of land on the outskirts of the Jewish cemetery of Butchatch that was owned by the chevra kadisha. The sale was authorized at a meeting of the chevra kadisha that was attended by only around half of its members and without the head of the community. When word of the sale got out, the head of the community and many in town protested, and now the sellers want to back out. Several grounds were raised for cancelling the sale. We will discuss only those which the Beit Yitzchak agreed disqualified the sale.]

There are times when decisions have to made by a majority of the assemblage of all those authorized to vote (see Beit Yosef, Yoreh Deah 228). This is true in regard to the outlay of money, because regarding money there is generally a need for a majority that one can count as part of the whole, with the voting of the full Sanhedrin being a precedent. Regarding rulings on religious matters, where we follow majority rule more broadly, a simple majority is sufficient. Regarding matters dealing with land, the K’tzot Hachoshen (280) says that a simple majority suffices, whereas the Netivot Hamishpat (46:8) says that as with any other money, a special majority is needed. [The Beit Yitzchak continued by bringing a difficult technical proof that the Netivot Hamishpat is correct that a special majority is needed.]
Reuven claimed that it is considered as if all the members of the chevra kadisha took place in the vote because they were all invited to the meeting, and thus whoever did not come is considered to have authorized those in attendance to represent them. However the Knesset Hagedola (Choshen Mishpat 23:32) said that this is true only when those who did not come explicitly authorized those who attended. In this case, not only did people not authorize others but they did not even know what was on the meeting’s agenda.
The requirement that the head of the community be involved is also a binding requirement according to the law of the land that the person in charge has to agree to land transfer. Money is also not a sufficient form of kinyan in a case where the transaction was not recorded in the land registry.
Contrary to Reuven’s claim, the requirement of a kinyan is not waived due to the fact the public is involved. That concept exists regarding decisions on taxes and the hiring of workers, not regarding the transfer of land. An exception is when the seven leaders of the community decide to invoke their power to uproot individual ownership within the community, not when other members of the community sell community property.
It is also correct that one is not allowed to sell land that belongs to a cemetery (see Magen Avraham 153:12) so that there should not be a shortage of burial ground. The cemetery owners may sell it to someone else so that the buyers can bury there, but it cannot be sold for another purpose unless the seven leaders of the community are involved.
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Lessons
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    Beha'alotcha

    The Consolation of Lighting the Menora - Rav Kook at the Third Shabbat Meal

    15 Sivan 5784
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    Beha'alotcha

    Why Was Miriam Punished?

    Rabbi Yosef Tzvi Rimon | 5777
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    Prayer

    ?How we should dress for Prayer

    Chapter five-part two

    Chapter five-part two

    Rabbi Eliezer Melamed | 5775
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    Prayer

    Who Can Be Counted in a Minyan?

    Chapter Two-part three

    Can every ten men be a Minyan or are there other conditions?

    Rabbi Eliezer Melamed
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    P'ninat Mishpat

    Historical View of Rav Mordechai Yaakov Breish (Chelkat Yaakov)

    Various Rabbis | 5775
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    Happy Occasions

    Fasting and Feasting on a Yahrzeit

    “My father’s yahrzeit falls during the week of sheva brachos for my grandson. May I attend the sheva brachos?” "My yahrzeit falls on Shabbos this year. Do I fast on Friday or Sunday instead?" "I usually fast on my father’s yahrzeit, but someone is honoring me with sandaka’us on that day. Do I fast, and do I need to be matir neder in the event that it is permitted to eat?"

    Rabbi Yirmiyohu Kaganoff
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    Revivim

    Halakha on Abortion of Fetuses with Severe Abormalities

    A fetus is considered a living entity in regards to certain laws, but there is no penalty of death for taking its life. What do the rabbinical decisors say?

    Rabbi Eliezer Melamed
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    The Haggadah

    Shir Hashirim

    Deeper meaning of Shir Hashirim, The Song Of Songs.

    Various Rabbis | 5770
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    The Giving of the Torah

    The Day of the Rains and the Giving of the Torah

    According to our Sages, The Day of the Rain is as great as, or even greater than the day of the Giving of the Torah. The basis for this comparison is discussed in depth, as well as additional aspects of the connection between the rains and the Torah.

    Rabbi Uzi Kalchaim zt"l | 5770
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    The Torah Perspective

    Secular Zionism in the Eyes of Rav Kook.

    How can we understand the rebellion against religion over the past century? What does the world gain spiritually from this rebellion which was foreseen in the mishna 1,800 years ago as part of the period preceding the mashiach? Only after we understand the rebellion can we glean the benefit and relate to our brothers properly.

    Rabbi Ari Shvat | 5769
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    Redemption - Geula

    When Moshiach Comes

    A summary of the different Brachot we will bless when the Moshiach will walk through the door.

    Rabbi Yirmiyohu Kaganoff | Iyar 5768
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    Marriage and Relationships

    The Role of Parents in Marriage

    Today, parents can fulfill the commandment of marrying off their children by providing them with a good education at prestigious schools, supporting them so that they be able to learn a profession, and clothing them in attractive attire.

    Rabbi Eliezer Melamed | 5764
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