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Ruling: A guideline of our beit din is that when we are unable to ascertain all the information necessary to rule, we usually rule based on compromise (based on Shulchan Aruch, Choshen Mishpat 12:5). In this case, in which neither side provided all the information it could have but asked beit din to expedite a ruling based on the information beit din possessed, it behooves us more than usual to rule based on compromise that resembles a likely ruling, incorporating the unknown points as different levels of doubt.
According to a majority of dayanim, the main question is whether pl had a right to demand def to not smoke cannabis. It is illegal in Israel to use cannabis without a certificate. However, it is now not a crime but a civil violation, with the maximum punishment being a modest fine; it is also very common for people to use cannabis without a certificate, and given the time and effort required to get one, upstanding people use it medically without one. A person cannot demand the right to do something that is illegal, especially in a case like this where it negatively affects others, as def admits. Still, though, if we knew that def had a serious medical need with no good alternatives, she would have the right to smoke the cannabis at apt in a case like this in which she was not told in advance she must not do so. While pl has no knowledge to refute def’s claim that she needs to use cannabis, he and beit din are not expected to accept def’s claim that she needed it and lacked reasonable alternatives.
Another point is that def mentioned in passing that dn told her that he had made a condition with pl that pl would not rent the apartment to someone who smoked cannabis. This would put blame on pl for not ascertaining def’s practices. Pl neither confirmed nor denied this claim, and def brought no corroboration from dn nor details. Therefore, it is another point of doubt, and an example of the sides not providing proofs or even clear claims on significant matters.
We will continue next time with other elements of the case.
P'ninat Mishpat (824)
Beit Din Eretz Hemda - Gazit
825 - P'ninat Mishpat: Return of Down Payment Due to War – part III
826 - P'ninat Mishpat: Smoking Rights in a Rental? – part I
827 - P'ninat Mishpat: Smoking Rights in a Rental? – part II
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 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 II
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 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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Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
Kuzari -Rabbi Ari Shvat Kuzari class 2
The King of the Kazars, in his search for truth, starts by inviting the philosopher. This is a "crash-course" on Aristotelian philosophy and the reasons why the king is not convinced. Through this dialogue, R. Yehuda HaLevi already foreshadows some of his central ideas that will appear later.
Shavuot "Love of Torah = Love of Israel"- for Shavuot
People often identify Judaism as just a religion, but upon examination, we see, even halachically and explicitly in the siddur, that the Torah is dependent upon Am Yisrael, Jewish nationalism.
Ein Aya The Middle-Child & Anti-Tzni'ut Syndrome- Negative Attention
Although tzni'ut is for men just like women, Rav Kook deals here with the sources in Yishayahu and the Talmud which deals with the special problem of lack of tzni'ut in women's dress and actions, where it's not just a problem of midot and character traits, but also can include practical, social and national ramifications, as well, which caused the destruction of the Beit HaMikdash and exile from Israel. The class continues the previous one (Ayn Aya Shabbat vi, 29), and is a must for all educators and parents of high-school aged and young adults.
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
