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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 (829)
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: 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: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
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.
