Beit Midrash

  • Sections
  • P'ninat Mishpat
קטגוריה משנית
To dedicate this lesson
undefined
Summary of Original Ruling and Appeal: The plaintiffs (=pl) are residents in an apartment building in which their neighbor (=def) operates a preschool program (gan) for two-year olds. Pl complain that this causes noise and disturbances in the building, including making the use of elevators unfeasible at times. Beit din had ruled that the gan could continue for three reasons: 1. The present use of the apartment for a small group of children is within ordinary use approved by municipal standards (up to 10 children in Jerusalem). 2. Even if it were out of the ordinary, special consideration is given to Torah schools, and this applies to ganim as well (it is at least a matter of mitzva). 3. The Chatam Sofer says that necessary businesses that cannot be run in commercial areas can operate in residential ones; since there are not enough public accommodations for ganim in Jerusalem, residents cannot prevent their neighbor from running a small gan.

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.



Ruling: Last time we saw why the ruling that the gan could continue was correct. Now we address guidelines set for it.

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.

fast navigation
Lessons
  • Rabbi Zalman Baruch Melamed
    Rabbi Zalman Baruch Melamed
  • Rabbi Eliezer Melamed
    Rabbi Eliezer Melamed
  • Rabbi David Dudkevitz
    Rabbi David Dudkevitz
  • Rabbi David Chai Hacohen
    Rabbi David Chai Hacohen
  • Rabbi Haggai Lundin
    Rabbi Haggai Lundin
  • Rabbi Chaim Avihau Schwartz
    Rabbi Chaim Avihau Schwartz
  • Rabbi Shlomo Goren zt"l
    Rabbi Shlomo Goren zt"l
  • Rabbi Chaim Steiner
    Rabbi Chaim Steiner
  • Rabbi Mordechai Greenberg
    Rabbi Mordechai Greenberg
  • Rabbi Yehoshua Shapira
    Rabbi Yehoshua Shapira
    undefined
    Beha'alotcha

    The Consolation of Lighting the Menora - Rav Kook at the Third Shabbat Meal

    15 Sivan 5784
    undefined
    Beha'alotcha

    Why Was Miriam Punished?

    Rabbi Yosef Tzvi Rimon | 5777
    undefined
    Prayer

    ?How we should dress for Prayer

    Chapter five-part two

    Chapter five-part two

    Rabbi Eliezer Melamed | 5775
    undefined
    Prayer

    Who Can Be Counted in a Minyan?

    Chapter Two-part three

    Can every ten men be a Minyan or are there other conditions?

    Rabbi Eliezer Melamed
    undefined
    P'ninat Mishpat

    Historical View of Rav Mordechai Yaakov Breish (Chelkat Yaakov)

    Various Rabbis | 5775
    undefined
    Happy Occasions

    Fasting and Feasting on a Yahrzeit

    “My father’s yahrzeit falls during the week of sheva brachos for my grandson. May I attend the sheva brachos?” "My yahrzeit falls on Shabbos this year. Do I fast on Friday or Sunday instead?" "I usually fast on my father’s yahrzeit, but someone is honoring me with sandaka’us on that day. Do I fast, and do I need to be matir neder in the event that it is permitted to eat?"

    Rabbi Yirmiyohu Kaganoff
    undefined
    Revivim

    Halakha on Abortion of Fetuses with Severe Abormalities

    A fetus is considered a living entity in regards to certain laws, but there is no penalty of death for taking its life. What do the rabbinical decisors say?

    Rabbi Eliezer Melamed
    undefined
    Jewish Holidays

    The Twentieth of Sivan

    "I noticed that the back of my siddur contains a large section devoted to selichos for the 20th of Sivan, yet I have never davened in a shul that observed this day. What does this date commemorate?"

    Rabbi Yirmiyohu Kaganoff | Sivan 17 5780
    undefined
    The Giving of the Torah

    The Day of the Rains and the Giving of the Torah

    According to our Sages, The Day of the Rain is as great as, or even greater than the day of the Giving of the Torah. The basis for this comparison is discussed in depth, as well as additional aspects of the connection between the rains and the Torah.

    Rabbi Uzi Kalchaim zt"l | 5770
    undefined
    The Torah Perspective

    Secular Zionism in the Eyes of Rav Kook.

    How can we understand the rebellion against religion over the past century? What does the world gain spiritually from this rebellion which was foreseen in the mishna 1,800 years ago as part of the period preceding the mashiach? Only after we understand the rebellion can we glean the benefit and relate to our brothers properly.

    Rabbi Ari Shvat | 5769
    undefined
    Redemption - Geula

    When Moshiach Comes

    A summary of the different Brachot we will bless when the Moshiach will walk through the door.

    Rabbi Yirmiyohu Kaganoff | Iyar 5768
    undefined
    Marriage and Relationships

    The Role of Parents in Marriage

    Today, parents can fulfill the commandment of marrying off their children by providing them with a good education at prestigious schools, supporting them so that they be able to learn a profession, and clothing them in attractive attire.

    Rabbi Eliezer Melamed | 5764
את המידע הדפסתי באמצעות אתר yeshiva.org.il