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- P'ninat Mishpat
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 (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 Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 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
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Sharing in Plumbing Expenses – part II
based on ruling 85013 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
