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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 (831)
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
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
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: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 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)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Rabbis in Midrash
Lessons
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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)
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)
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.
P'ninat Mishpat 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: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
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.
