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- P'ninat Mishpat
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.
P'ninat Mishpat (832)
Various Rabbis
295 - Commitment to Pay in Exchange for a Cherem
296 - Disqualifying the Sale of Public Property
297 - Switching the Sofer in the Midst
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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: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
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Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
