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Ruling: The gemara (Bava Batra 2b) discusses whether hezek re’iya (damage of lack of privacy) is an enforceable issue; the halacha is that it is considered real damage (Shulchan Aruch, Choshen Mishpat 157:1), which can require a party to build a fence so that he cannot see into his neighbor’s property. Clearly, contemporary society does not care about hezek re’iya as much as people did in Chazal’s times. Rabbeinu Yona and the Rosh (stringent) disagree whether a minhag to not take a certain step due to hezek re’iya changes the halacha, and the Rama (CM 157:1) rules that it does not.
The usage of chatzerot is somewhat different than in the times of the gemara, as they used to be used for functionality (see Rashi, Bava Batra 2b), often including activities that called for privacy. Such things are a rarity nowadays, and it is much more common for living quarters to not have a chatzer. Still, in our times, some gardens are used for intimate meals or the like. There is also room to distinguish between different situations, such as between chatzerot that are anyway visible from public thoroughfares and those are not (the gemara (ibid.) implies that this distinction is pertinent but limited). We can learn from the gemara (Bava Batra 6b) that steps taken to remove hezek re’iya should be moderate and balanced. In our case, then, the changes have little effect on the front chatzer but mainly to the back one, which faces a wadi and its height difference is greater.
Should the planning board decision impact on the matter? While the board rejected the hezek re’iya claims, that does not mean that halacha must agree (notably, the courts can also reject them). However, after def decided not to appeal that decision, they cannot now demand of pl to undo building that he did based on the permits he received, or require the continuation of the building of the wall, which they demanded only after pl made monetary claims against them. This is in line with the Shulchan Aruch’s (CM 154:7-8) ruling that when one took action without a neighbor’s opposition, the neighbor can no longer oppose him based on hezek re’iya.
Therefore, beit din rules that a fence of reeds should be installed on top of the retaining wall in the back of the property.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
783 - P'ninat Mishpat: Proof Needed to Remove a Squatter – part III
784 - P'ninat Mishpat: Hezek Re’iya in Our Times
785 - P'ninat Mishpat: How Much Was Agreed to Pay for Renovations?
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
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 III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
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.
