Yeshiva Beit Midrash
Beit Midrash
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- P'ninat Mishpat
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 (835)
Beit Din Eretz Hemda - Gazit
721 - Fallout from Failure to Install Elevator – part II
722 - A Non-Contractor in Changing Times – part I
723 - A Non-Contractor in Changing Times – part II
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Beit Din Eretz Hemda - Gazit

P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts

P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)

Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III

P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts

P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
Lessons
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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


















