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Ruling: [Last time we saw that def was not obligated based on their stated desire to help residents whose homes were destroyed or for making pl suspend protest of the move.]
The decisions of a community such as def are required to be based on the principle of equality. If def will go through with compensating most of the owners of destroyed homes, they cannot exclude pl from that without just cause (see Shut Maharashdam, Yoreh Deah 117; Tuvei Ha’ir 17:4). It is not fair to pl to make his ability to receive compensation dependent on the opinion of a specific donor. Although some people in the yishuv are now annoyed with pl, since def has been unable to demonstrate that pl caused damage with his actions, they cannot exclude him. So, if def wants to back out of their hope to compensate, they may, but it must be on equal terms.
If the donor will donate directly and not through def, pl has no claims in this regard on def. However, def should make efforts to convince the donor that pl is also deserving.
The fact that pl originally did not comply with def’s requests and had to be taken to beit din in order to work out what actions he may take should not be held against him. First of all, def was at fault for not telling pl in a timely manner of the authorities’ final plan to destroy the home. At beit din, the two sides came to a joint agreement as to how pl would act. While def might have preferred full compliance, since there is no clear indication that pl did not follow what was decided, there is no room for denying him any rights that the others are receiving.
In summary, while def is not required to compensate any of the families, pl may not be excluded from what others receive.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
603 - Compensating for a Governmentally Destroyed House – part I
604 - Compensating for a Governmentally Destroyed House – part II
605 - Losses from Financially (and Morally) Bad Loans – part I
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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
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
P'ninat Mishpat Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 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.
