Yeshiva
Beit Midrash
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- Chemdat Yamim
- 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 (835)
Beit Din Eretz Hemda - Gazit
758 - P'ninat Mishpat: Spillover of Courtyard Dispute
759 - P'ninat Mishpat: Counter Claims – part II (Child Care, Foundations)
760 - Counter Claims – part III (Privacy, Housing Unit, Pipes, Aravot)
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
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: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
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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
