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Ruling: Beit din excoriates both sides for their actions and accusations. These are unacceptable for cultured people. The gemara (Bava Metzia 58) equates public embarrassment to murder. Both sides should do teshuva, including asking forgiveness from the other side.
On the matter’s legal side, the Shulchan Aruch (CM 421:13) ruled that if Reuven attacked Shimon and in the process, Shimon injured Reuven, Shimon is exempt from payment. The Rama continues that if Reuven attacked Shimon and Shimon called him a mamzer, he is exempt because it is expected that one who is attacked will react strongly, even when he is not permitted to. The Yam Shel Shlomo (cited by the Pitchei Teshuva, ibid. 3) says that while it is forbidden to hit one who called him inflammatory names, he is not considered a rasha. The responding side must not overdo the reaction in comparison to what he suffered.
In this case, both sides attacked their neighbors in a manner that they should be ashamed of, but it has not been proven that one side was the main culprit. Therefore, neither side deserves compensation. Also, most of the mutual claims were denied by the other side. The video sent shows an altercation, but it does not show who started it. As far as what was said in beit din, beit din does not obligate a side for lashon hara said in court, as the sides have license to make harsh claims in advancing their arguments.
The damages mentioned in #s 1-3 were not proven to be attributable to pl, and therefore beit din will not obligate payment for them. Def admitted to damaging the gas alcoves, but def claim that his father built them, not the municipality or pl’s parents; when there were good relations, def did not mind that pl used the alcoves, but now he does. Beit din rules that if pl gets information from the municipality that they provided the alcoves and will not fix them, beit din could possibly rule that def must pay.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
795 - P'ninat Mishpat: Who Has Rights in the Courtyard?
796 - P'ninat Mishpat: Spillover of Courtyard Dispute
797 - P'ninat Mishpat: Counter Claims – part II (Child Care, Foundations)
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Beit Din Eretz Hemda - Gazit
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 Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
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)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
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.
