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Ruling: Introduction to land acquisition in Yehuda V’Shomron – Due to various factors, one cannot buy land in these areas, but families can apply to the Jewish Agency Department for Settlement for one bar reshut (long-term permission to build and/or live on a certain plot). The Jewish Agency’s longstanding policy is to accept the recommendation of a yishuv’s administration as to who should receive a bar reshut.
Introduction to dina d’bar metzra (=ddbm) – Ddbm is an extra-judicial Rabbinical institution that gives an adjacent neighbor of land that was sold to an outsider the ability to force the buyer to sell it to him at his purchase price unless the neighbor had waived the right. The logic to give the neighbor that right is that he has a unique opportunity to maximize the land, whereas others lack such an advantage from this land (see sugya starting with Bava Metzia 108a).
One question is whether ddbm is incumbent upon the seller or just the buyer, upon whom the gemara focuses. Rashi (ad loc.) implies that it is only on the buyer, which would explain why if a non-Jew bought it, ddbm does not apply (see Perisha, Choshen Mishpat 175:36). The seller has only a moral obligation to prefer the neighbor. The Rama (CM 175:34) writes that if the neighbor is not around, it is best that he ask beit din to contact someone to represent the neighbor’s needs. The implication is that if he did not, nothing can be done to the seller.
Does def, as a public institution, have an obligation to pl based on the general moral obligation? There are two reasons that they should: 1. They are representatives of the buyers, who are obligated. 2. A community should be held to higher standards than individuals are. On the other hand, public officials have a responsibility to do what is best for the community as a whole, and that includes the family that has a chance of winning in the raffle instead of pl. We cannot ignore the situation that Israeli law does not follow ddbm, and it is not something that is in the mindset of even religious people. Other people with connections to officials can "walk in the door left open" by ddbm. Therefore, it is acceptable for def to not go beyond the letter of the law in applying a halacha that is itself beyond the letter of the law, so def can follow set procedures (i.e., raffling off the lots).
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
687 - Demand of Top-Quality Merchandise from Supplier
688 - Granting a House to a Neighbor’s Son – part I
689 - Granting a House to a Neighbor’s Son
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
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: Sharing in Plumbing Expenses – part II
based on ruling 85013 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: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(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)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
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)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
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.
