Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
The appeal questions these reasons as follows: 1. According to Israeli law, it is forbidden to have any business in a residential building without a special permit, and the municipality’s turning a blind eye does not change that. In this case, also, neighbors have complained for years, and def has not acted to minimize damage. Also in the past, she exceeded 10 children and it is hard to check if she is now exceeding it. 2. The institution of R. Yehoshua ben Gamla applies only from the age of six, and certainly not under three, and it anyway cannot overrule a local law. 3. The Chatam Sofer applies only when there are no alternatives. In this neighborhood, there are quite a few public buildings, and, in any case, ganim are usually on the ground floor where they are less disruptive.
Ruling: Before addressing each claim, we note that it is enough for one of the reasons to be valid to allow the gan to operate.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
595 - Unartistic Material for Artistic Work – part I
596 - Operating a Preschool in a Private Building – part I
597 - Unartistic Material for Artistic Work – part II
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2. Pl is correct that the institution of R. Yehoshua ben Gamla does not apply under the age of 3. If Torah needs to be taught at that age, it can be done in a short amount of time out of "school."
3. The logic of the Chatam Sofer is what guides municipalities in setting their standards. Clearly, on a citywide level, there need to be ganim in residential buildings, and it is not always feasible for it to be done on a ground floor. For this reason, the city does not require it. Therefore, the appeal is rejected.
Next time we will evaluate the rules beit din incorporated into running the gan.
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
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: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 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
