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Beit Midrash
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Ruling: Privacy: Pl cannot be made to seal the window through which their children allegedly disturb def because they have a chazaka on the use of that window (see Shulchan Aruch, Choshen Mishpat 154:7) after years of it being used even after def had exclusive rights. On the other hand, the Rama (ibid.) points out that when there is chazaka for the window, that means that the window can exist even though one could look, but it is forbidden to look at his neighbors’ property in a manner that is personally damaging. Therefore, pl are to firmly instruct their children not to look (or obviously to throw things down). If def want, they can erect a fence at the edge of the courtyard to protect their privacy.
Housing Unit: In general, it is problematic to add additional residents into a joint property (see Shulchan Aruch, CM 154:1). However, def also built an extra housing unit on their extension, and the rule is that one cannot object to a change a neighbor made if he did the same thing himself.
Pipes: Neither side proved whether water coming from pl’s property causes damage to def’s property (they were asked to film where water goes during a period of rain and neither did). However, based on what we know, there is likelihood that water falling can cause problems. Therefore, pl must extend the pipes so that they do not fall in the proximity of def’s property. We will not levy payments for the unproven claim of damage in the past.
Aravot: The demand for pl to pay 400 NIS a year for the arava tree that was displaced is rejected. The claim that pl agreed to such a thing was not proven, and the nature of the 400 NIS is not a matter of loss but of unrealized profit, which halachically is viewed very differently.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
799 - P'ninat Mishpat: Counter Claims – part II (Child Care, Foundations)
800 - Counter Claims – part III (Privacy, Housing Unit, Pipes, Aravot)
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
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: Tuition Payment after Withdrawing Student
based on ruling 85142 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
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.
