Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: Regarding pl’s authority to start taxing def, Halacha recognizes the public’s broad taxation rights (see Shut Harashba VII:340), and, historically, we rarely find beit din intervening. Since there are no claims that pl acted arbitrarily or discriminated, just def’s claim that he viewed the decision as unfair, we find no basis to second guess the democratic, legal decision. The claim that pl acted insensitively in carrying out the decision is not relevant in adjudication.
Regarding the public’s right to extract payment at hotza’ah lapoal without proper adjudication, the dayanim differed. One dayan invoked the Rama’s (Choshen Mishpat 4:1) ruling that in a dispute between the community and an individual, the community is entitled to seize guarantees of payment before adjudication. The majority ruled that the reasons behind the Rama’s ruling are unique to the old system, where the community collected taxes to pay the king. In contrast, the taxation in question here is a more standard monetary claim, which should follow normal systems. However, all the dayanim agree that pl was required to continue the process of adjudication; def never rejected beit din but simply raised certain reservations. Therefore, the sum of hotza’ah lapoal expenses is to be reduced from the taxes due.
Finally, while a member of pl may have expressed willingness to forgive some of def’s obligation, def did not go through the process used to request reductions; an individual board member has no authority to waive funds owed.
P'ninat Mishpat (835)
Various Rabbis
445 - Responsibilty of a Mefakeiach for Contractors’ Flaws – part II
446 - Policy Change to Pay Settlement Tax
447 - Backing Out of a Rental for a Good Reason – part I
Load More
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 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)
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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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
