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[The current dispute between Reuven and Shimon started when Shimon opposed granting Reuven permission to open up a doorway from Reuven’s house to the empty area in between their two houses. Shimon said that years earlier there was a din Torah over whether Reuven could open two windows to that space, and it was ruled that he could open the windows but nothing else. It is not clear whether he had to pay money for that right, as the court papers regarding that adjudication were lost. Reuven found old court papers from 33 years previously regarding a din Torah about this space between Reuven’s and Shimon’s fathers. There it is stated that they came to a compromise that Reuven’s father would be allowed to use 6 amot of the area to unload his carriages in that place. The claim is that this implies that Reuven’s father was the owner of that space, especially because it did not say that the area was jointly owned but seemed to refer to it as Reuven’s father’s.]
We have precedent in the Torah for jointly owned land being referred to as if it is the property of one of the owners. Specifically, the area where the Beit Hamikdash is situated is described as being in the boundaries of the Tribe of Binyamin even though Yehuda possessed half the area. However, it is not the writing style of the Torah that is pertinent in this case but the terminology used by contemporary people, as it is they who wrote the document. In fact, Tosafot (Temura 17b) says that one should be more exhaustive in inferring things from the language of a document than from the language of a mishna, as the latter sometimes writes things that are extra and not to be inferred from.
The rabbi who asked the question wants to learn from the idea that a witness signed on a document is considered to be testifying only about the subject of the document and not about side facts (Shulchan Aruch, Choshen Mishpat 49). This should be even more correct concerning those who recorded a compromise between the parties on the practical matters of borders and provisions. The querying rabbi claimed that the issue of whether the side issues of the testimony are considered as the words of the witness depends on the halacha that in principle written testimony should not be valid at all. In other words, there was a special dispensation to count the testimony regarding monetary matters but this was limited to the main topic. The Ritva actually says that even if they intend to testify on everything, we do not accept the testimony broadly. [The Shoel U’Meishiv softly chided the querying rabbi who clearly saw the discussion of the relevant sources in the Knesset Hagedola yet did not acknowledge that this was his source of material – he also did not cite it fully accurately.]
In any case, the halacha is indeed that one cannot make inferences from the descriptions of the compromise makers in matters that were out of their main topic. Therefore, the decision of the present beit din to treat the area as joint is correct.
P'ninat Mishpat (829)
Various Rabbis
311 - Bank Notes Lost by Paid Messenger
312 - Inferences from Records of Past Testimony
313 - Relinquishing Rights to a Partnership
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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 II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 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.
