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Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Case: In our community (the rabbi is asking), the minhag has been to have appraisers (who determine the amount that members of the community must give towards taxes, communal expenses, and/or charity) do the appraisal of everyone in the community, including their relatives. This is especially necessary because most of the people in the community have relatives within it. There was a meeting recently to choose new appraisers, and people agreed to the old system, but once the identity of the appraisers was determined based on lots, some people complained about the system. Do they have a right to do so?
Ruling: Even if there were not an established minhag to have appraisers of this type, since people were present when the decision was taken, they cannot back out. This is true even if no act of kinyanwas done to finalize the agreement because something that was done in the presence of the seven lay leaders of the city is binding even without a kinyan.
P'ninat Mishpat (832)
Various Rabbis
377 - Offsetting Obligations of a Deceased
378 - Appraising Relatives
379 - Counting to Four Generations
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In this case, the one complaining wants that the appraisers should be permitted to appraise only people who are not related to them. They should realize that this idea will not solve the problem anyway, as in matters of apportioning responsibility, all members of the community have an interest in the decisions. After all, if one raises the demands on people who are not their relatives, it makes it possible to take less money from one’s relatives and oneself. If one wants to totally reject theminhag and have appraisers who conform to the normal halachic requirements of impartiality, then it would only be possible to have people from outside the city with no relatives in the city do it. However, this is impossible to arrange for all intents and purposes.
It is true that the more common minhag is indeed that the appraisers appraise only those who are not related to them. However, that is not the halacha but based on minhag. When the minhag is different, as in your community, an individual has no right to complain about it.
Please realize that I usually do not state my opinion on matters affecting other communities and am doing so only because you are here to ask me several questions, and I promised you that I would answer what I can. Also be aware that if the government has any qualms with the system that is being employed, you must follow what they say. I just give permission to show my letter to the government and the likelihood is that they will agree that you follow what the Torah has to say on the matter.
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: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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.
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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)
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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.
