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Case: In 2015, the defendants (=def) obtained an extra-large plot of land on which to build their home. In 2016, some of def's neighbors petitioned their yishuv for financing for a temporary road to their section of the yishuv, but they were only able to receive partial financing. With the guidance of a rav, it was decided that the organizers (=pl) would levy a tax on members of the neighborhood to cover expenses. Pl have decided that def should be taxed like two households, since they built their home on two adjacent plots of land, just as def signed an agreement with the yishuv to pay double for infrastructure charges for electricity and water. Their contract also says that they have received two plots. Def argues that they received only one big plot, like many others in the yishuv, and that they paid extra for infrastructure and signed the contract as written only to avoid machloket with the yishuv. Furthermore, def argues that pl, consisting of only half the residents of the area do not have authority to obligate neighbors to pay and that indeed only the yishuv as a whole can do so.
P'ninat Mishpat (829)
Various Rabbis
503 - Ending Payment for Child Care Center
504 - Taking Part in Financing Road Building – part I
505 - Taking Part in Financing Road Building – part II
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The Mitzpeh Shmuel derives from a tosefta, which talks about of forcing one another, that even an individual neighbor can force another, and that a majority of residents is not required. On the other hand, the Rama (CM 163:1) seems to require a majority. The Divrei Malkiel (I:35) answers that a majority is required when it is questionable whether there are advantages to the actions, but when it is clearly beneficial and there is just a question of forcing participation, a majority is not needed.
There is a dispute in this case whether the need for the road is a great need, and it would make sense then that a majority would be needed to determine the matter. However, we believe that it is clearly a great need and additionally that the common practice is to build roads such as this. Therefore, def can be forced to pay.
Next week we will discuss whether def is to pay like the owners of one or two plots of land.
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
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.
