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The main reason for the halacha of bar metzra is to allow the neighbor to maximize the potential of his property, by making use of the proximity or expand boundaries. It is therefore not clear that this rule should apply if the neighbor is planning to sell it to someone else. [Ed. note – this idea is slightly surprising, given that halacha recognizes the importance of having neighbors with whom one can get along.] On the other hand, Shimon still has elements of bar metzra, as Reuven and Shimon had only theoretical rights in half the property and now Levi will get specific rooms. This leaves Shimon to receive full control over other rooms, from which he will receive benefit as a result of the law of bar metzra.
Assuming we have a doubt whether the rules of bar metzra apply in this case, we say that the sale to the other person was certainly halachically valid, and there is a question whether the Rabbis’ special takana (Rabbinic institution) to require going beyond the letter of the law applies. In that case of doubt, we should not apply the takana. The Rambam (Gezeila 4:7) takes that approach regarding a different takana, and it seems to be all the more clear in a case in which the bar metzra is trying to extract the property from a buyer who has muchzakut (status quo ownership) over it.
There is another option that Shimon is contemplating using to finance the purchase – to borrow money from a relative to buy Reuven’s rights, in such a way that the lender will live for a period of time in the house in exchange for a reduction in the principal due. On one hand, initially, the arrangement between Shimon and the relative is of a loan, and it is Shimon who seeks to actually buy Reuven’s share. On the other hand, it is likely that Shimon plans to eventually sell the property to the lender, in which case the takana should not apply. Therefore the buyer can make Shimon swear that he does not plan to sell it to the relative. Again, in the case of doubt, the buyer has the benefit of the doubt.
One can counter that Shimon should have more than usual rights of bar metzra, as a partner is more connected to the other part of the rights to the property than a simple neighbor is. This might compensate for some of the weaknesses mentioned in the claim of bar metzra. Still, though, it seems that the reasons to not apply the rules of bar metzra apply even when the bar metzra is a partner. Therefore, Shimon cannot force the buyer to sell him Reuven’s sold rights.
P'ninat Mishpat (829)
Various Rabbis
317 - Relinquishing Rights to a Partnership Deciphering an Unclear Provision in a Will
318 - Rights of Bar Metzra (Neighbor)
319 - A Husband’s Obligation in His Wife’s Loan
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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: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 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.
