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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 special allowance for Torah schools 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 many public buildings, and, in any case, ganim are usually on the ground floor, where they are less disruptive.
P'ninat Mishpat (832)
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We do not want a situation where one acts only according to what he is legally required to do, without concern for the welfare of neighbors. This applies to both sides, but, primarily, def should be sensitive to the suffering of some neighbors from the operation of her gan. Her obligations as an educator begin with educating about concern for neighbors. On the other hand, members of pl must act cordially toward the children and their parents.
The ruling that these visitors not use the elevator and that def should hand out an instruction sheet to parents that include this is correct. However, this does not mean that if there have been a few instances in which parents used the elevator, the gan now must close. Def has proven that she has done as expected of her. This does not include policing unless her request of the parents is being ignored. However, pl’s claims only identify three violations and a claim of maybe one parent a week. If that had been the case originally, presumably the suit would never had been brought.
Pl demand a list of the families in the gan so that they can regulate the number. This is not necessary, as pl are not supposed to be policing; the municipality and the umbrella organization of private gamin to which def belongs should do the regulating.
As long as def is following the rules, she is not obligated to pay for any alleged depreciation in the value of pl’s apartments.
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based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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Parshat Re'eh
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Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
