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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 (832)
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 A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
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
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 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)
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: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Israel and the Nations A Few Minutes & Many Innovative Ideas on Antisemitism & What to do About It
As we approach the High Holidays, this short lecture (18 minutes) deals with the unfortunate situation of how Israel and the Jewish People stand against antisemitism, analyzing its cause according to Rav Kook, and how to deal with the issue pragmatically & via our prayers.
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p. Ha'azinu, Shabbat Shuva
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