Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: The land def cultivates is indeed over the "blue line" of pl’s jurisdiction, and it is even outside the regional authority to which pl belongs. Therefore, pl does not own the land and subsequently has no authority to demand money as rent for using it. Although def is a member of pl’s resident association and signed that he is bound to their decisions, this does not apply to decisions concerning land out of its jurisdiction.
Part of pl’s claim to ownership is based on the first beit din’s ruling that whatever is within pl’s fence, belongs to it. However, that ruling only relates to the right of usage (chezkat shimush), not to ownership. The ruling says that neither side owns the land, but pl has the right to determine its usage. The most recent agreement, which states that "the rights to the land will, in the future, be assigned to pl, and this agreement will continue to apply" also recognizes that at present, pl does not own the land. The agreements also never included payment for rent, which is in line with this analysis. Pl’s claim that due to def’s use of the land, it is not possible to charge others for their use is not to be accepted. First, pl does not have a right to take from the other people in his situation either. Second, pl has the ability, including based on the agreements, to use the land for extending the housing of the yishuv (although they will have to compensate def somewhat).
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
696 - Contractors Fixing their Damages
697 - Rights of a Yishuv on Peripheral Land – part I
698 - Disagreement on Length of Rental Commitment – part I
Load More
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
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 II
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 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
Rabbis in Midrash
Lessons
fast navigation
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
