YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: The fundamental halachic question is whether the owner of a higher property must take steps so that water not damage property below it. The Rama (Choshen Mishpat 155:4) says that the owner of the higher property is not required to prevent water that he does not own and to whose presence he did not contribute from going into his neighbor’s property; the latter is to take precautions to protect himself. This is apparently contradicted by the Rama (CM 164:1) who requires the owner of a roof to keep it from allowing rain to damage another. The Netivot Hamishpat (164:2) answers that the latter source is talking about a case in which there is a partnership of sorts between the neighbors, which obligates each to the other. Therefore, in our case of neighbors who are not partners, def would not have been responsible to pay for upgrades. However, since def received the property with a pipe in it, he would be required to maintain the precautionary devices he received. Since he recently did work that now endangers pl’s property, def must properly restore a pipe.
The sides disagree about whether the pipe was present during ff. During a relatively recent phone call between def, pl, and a supervisor in the third company, def apparently admitted that the pipe had been removed. Def claims he was confused during the conversation and misspoke. In fact, def presented two pictures showing no significant difference in the site before and after the alleged changes, and pl admitted that the pictures show no relevant change. (Pl argued that the dating of the pictures was mistaken, but it was proven that pl was wrong about that.) Since pl’s admission was done in beit din, where a litigant knows he needs to be exact, pl’s admission is more weighty. In this circumstance, def can claim he made a mistake during the phone call (see Shulchan Aruch, CM 81:23).
Beit din is not required to analyze whether def could be obligated to pay for the damage from sf. This is because twice during the adjudication, pl said that he would be fair to def and not demand payment for it. After such mechila, even if (far from clear) pl would have been deserving compensation from def, he can no longer demand it.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
771 - P'ninat Mishpat: Did the Real Estate Agent Remain Relevant?
772 - P'ninat Mishpat: Upper Property’s Responsibility for Flooding
773 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part I
Load More
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 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
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
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
fast navigation
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
