Yeshiva
Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Ruling: If def, as a community, had obligated themselves, that would be binding (Shut Harashbash 564). However, after hearing several testimonies, no proof was presented that def obligated themselves, just that they expressed a desire to help as possible; key witnesses testified there was no outright obligation. Even pl never claimed to have received a first-hand assurance, claiming that it was rumored that one had been made. This then is not grounds to make def pay.
Regarding the claim that pl were prevented from fundraising (by means of public protest), there is much discussion around the Yerushalmi’s (Bava Metzia 5:3) ruling that one who prevents another from getting access to his money cannot be forced to pay. While the Rama (Choshen Mishpat 292:7) rules this way, the Netivot Hamishpat (292:13) rules that if the one who held the money benefitted from it, he must pay according to that benefit. This is on condition that the owner would have clearly been able to benefit from the money at the time (see Machaneh Ephrayim, Ribbit 41; Aruch Hashulchan, CM 292:20).
In this case, pl did not prove that they would have been able to raise money had they not complied with def’s approach. More importantly, in our case, as opposed to the Yerushalmi’s, def did not do anything unreasonable. Without getting into political calculations of what steps were most appropriate, it is fundamentally normal for a community to do what their experts believe is in the community’s best interests and force individuals to go along with it (see Shut Harashba VII:340). In this case, the members of def voted after hearing the recommendations of experts who support settlement growth, as to how to deal with the situation. If an unfortunate consequence of that is that an individual like pl loses the opportunity to gain financially, that does not obligate def to compensate. Therefore, even those who rule that in certain cases of preventing gain there is at least a moral obligation to pay, here there would not be.
We will continue next time with other elements of the case.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
580 - Kippot Under What Conditions?
581 - Compensating for a Governmentally Destroyed House – part I
582 - Compensating for a Governmentally Destroyed House – part II
Load More
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 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
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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
