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Beit Midrash
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- P'ninat Mishpat
Ruling: [We will look at various elements of this long psak din over several weeks. We first look at def’s claim that no one but mun has a right to remove them.]
First we will determine the matter of control over prp. There are no contracts that give org2 rights over prp. However, this is not proof that they do not have such rights. A state comptroller report criticized municipalities throughout Israel, prominently including mun, for not documenting the legal status of many hundreds of organizations that occupy properties the municipalities own. Furthermore, mun obligated org2 to pay municipal land taxes for its use of prp, and org2’s public financial reports have listed themselves as having rights over prp without ever being questioned over it. In def’s claims before beit din, they also treated org2 as having rights (as opposed to pl).
Def claimed that since mun set prp as a place where Torah-related activities of the community should be held, they have as much right as anyone else to be there and cannot be removed by non-owners. Beit din rejects this claim outright. It does not make sense that org2 should build with permission on public property and pay municipal taxes and yet def will get to use it as they please without permission from mun or org2. Therefore, absent of agreement, def’s status in prp is not of a muchzak (one with practical control), but of a tofes (squatter).
The complication is that at this point in the litigation, org2 has not clarified their exact relationship with pl regarding prp. Thus, we need to look into the claim of one who is in a property without claims to rights to it but refuses to be removed by another, who does claim ownership without their proving that ownership.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
777 - P'ninat Mishpat: Dispute upon Ending Rental
778 - P'ninat Mishpat: Proof Needed to Remove a Squatter – part I
779 - P'ninat Mishpat: Proof Needed to Remove a Squatter – part II
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Beit Din Eretz Hemda - Gazit
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based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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.
