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Ruling: [We saw last time that ddbm does not apply, according to strict law, to def, as a seller and that they are not required to go beyond the letter of the law when it causes damage (mainly, quarreling). We now look at the question of whether, if pl will sue the eventual buyer based on ddbm, he would be right.]
One reason that ddbm might not apply is that the two properties are on different levels so that it is not possible to combine the houses (the gardens can be joined). The gemara (Bava Metzia 108b) says that if the two fields in question are separated by a boulder, ddbm does not apply. Based on this, Rabbeinu Tam says that ddbm applies only to fields, which lend themselves to being connected, and not to adjacent houses. The fact that it is nice to have two adjacent homes does not suffice for the special institution of ddbm. The Ramah holds that ddbm applies even to houses but only if they are already attached at the time of the sale. The Rashba (Shut II, 145) says it applies even to houses that have the potential to be connected in the future, but on the other hand, this is only if the plan is to put family members in the second house. The Rid (Shut 38) posits that the logic of ddbm is stronger for homes than for fields, and it is even enough that the neighbor wants to ensure he will approve of his new neighbor. The Shulchan Aruch and Rama (Choshen Mishpat 175:53) follow the opinions that ddbm applies to homes. In the Beit Yosef, he posits that the houses do not need to be connected if they can serve one family unit (e.g., one is for living, and one is for relevant storage; a fence can be put around the two).
In this case, pl and his mother will operate separate households, and therefore ddbm would appear not to apply. The Aruch Hashulchan (CM 175:60), regarding ddbm for seats in shul, says that it applies even though each person has his own seat because he wants to have close family members next to him. Again, it is unclear if this will apply to our case if they will live separately. While pl explains how important his help is for his mother, it is likely that the help he is talking about could be done in the same manner if he lived several houses away. The joining of the gardens probably does not make a difference because the use of the gardens is ancillary to that of the home. So, on this point, it is unclear whether pl would have ddbm through his mother.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
689 - Granting a House to a Neighbor’s Son – part I
690 - Granting a House to a Neighbor’s Son
691 - Dealing with Uncompleted Renovations
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Beit Din Eretz Hemda - Gazit
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 Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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.
