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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 unit can do so.
P'ninat Mishpat (829)
Various Rabbis
505 - Taking Part in Financing Road Building – part I
506 - Taking Part in Financing Road Building – part II
507 - Muncipal Dues in a Yishuv
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Def produced an email in which they ask for a "bigger plot" (singular), but they signed a contract that says that they acknowledged receiving two plots. It stipulated that they would have to pay double for various things unless it was decided otherwise at a yishuv general meeting. However, that is not a sign that there is a question as to whether they received two plots but rather the question is how a single family with two plots has to pay. Def’s claim that they were forced into signing the agreement is not relevant because even if they were under pressure, they still accepted its provisions, which is the important thing (see Bava Batra 47b). Additionally, the regional council who de facto has authority like a municipality, views def’s land as two plots.
As far as figuring out how much payment is appropriate, the key is the amount of benefit the homeowner can expect to get from the project (see Tosefta, Bava Metzia 11:9). In this case, the larger area, which, beyond the size of the house, also allows for more planting and agricultural-related activity, creates an expectation of more use of the road. In any case, the inhabitants have a right to estimate benefit as they see fit, as long as it is reasonable.
As far as whether there is a majority, three out of six are suing def and two are abstaining but have requested of beit din to decide. It is thus considered that there is a majority. Additionally, there are several indications that the minhag in yishuvim is that people do pay according to the number of plots of land. Therefore, we confirm the obligation of def to pay a double portion for the expense of the road.
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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
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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.
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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.
