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Beit Midrash
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- P'ninat Mishpat
Ruling: Gan – At first glance, we should apply the Shulchan Aruch’s (Choshen Mishpat 156:1) ruling that a resident of a small street may not open up a non-Torah school on his property because of the congestion it entails. This is all the more so within a building shared with others.
On the other hand, Emek Mishpat (III, p. 315, based on Maharlbach 97) brings a ruling that in Charedi neighborhoods, one can make a gan in a residential building even without all the neighbors’ consent. This is because there are rarely enough public spaces for ganim, and it is important for the residents that sufficient child care is available close to the house. While this is not a simple matter, considering that the gan has been operating for twelve years without def’s protest (chezkat nezikin), they cannot now close it down. One can also factor in that the fact that the gan does offer some basic Torah education can be justification for not closing it. However, pl has to pay for extra cleaning needed because of the gan and should pay double the normal va’ad bayit payment. They also must install carpet where the gan is held, to reduce noise below, and make a proper arrangement for "parking" the carriages.
Foundations – In general, one has to pay for benefit he received from another even without agreement on such payment. Tosafot (ad loc.) deals with how this is different from the concept that if one gains without the other losing, the beneficiary does not have to pay. One answer (accepted by Shulchan Aruch, CM 157:10) is that it depends if there is a hint from the beneficiary’s actions that he would be willing to pay for it. The other is that if the benefit provider outlaid money in making it available for the recipient, the beneficiary has to pay the whole benefit. Both conditions are met here (def had to provide the municipality evidence that he built strong enough to support a column of building).
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
797 - P'ninat Mishpat: Spillover of Courtyard Dispute
798 - P'ninat Mishpat: Counter Claims – part II (Child Care, Foundations)
799 - Counter Claims – part III (Privacy, Housing Unit, Pipes, Aravot)
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
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 III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 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.
