Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
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 (835)
Various Rabbis
471 - Ending Payment for Child Care Center
472 - Taking Part in Financing Road Building – part I
473 - Taking Part in Financing Road Building – part II
Load More
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.
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 I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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
