Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- 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 (835)
Beit Din Eretz Hemda - Gazit
748 - P'ninat Mishpat: Dispute upon Ending Rental
749 - P'ninat Mishpat: Proof Needed to Remove a Squatter – part I
750 - P'ninat Mishpat: Proof Needed to Remove a Squatter – part II
Load More
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 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: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 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
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
