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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 (829)
Beit Din Eretz Hemda - Gazit
601 - Kippot Under What Conditions?
602 - Compensating for a Governmentally Destroyed House – part I
603 - Compensating for a Governmentally Destroyed House – part II
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Beit Din Eretz Hemda - Gazit
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 Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 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.
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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
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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.
