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Ruling: [Beit din almost succeeded in getting the sides to agree to a compromise, explaining that in order to find out the truth on some of the claims, which might not even be possible, would require several thousands of NIS and much effort from all sides. After agreeing to a compromise number, the sides squabbled over ancillary matters and pl withdrew his agreement.]
The gemara (Bava Metzia 108a) says that when drainage that goes from field-to-field clogs up, the people in the higher fields must help pay for the blockage at the lower fields, which affect all of them. However, if the blockage is in the upper fields and does not affect the bottom ones, the latter do not have to pay for the needs of the former. According to that model, there is basis to make def reimburse pl so that they pay in equal parts. This is also binding based on common practice and local law.
In this case, def agreed to have pl act according to the needs of the two of them, which is binding without any further act of kinyan (Shulchan Aruch, Choshen Mishpat 182:1). It still needs to be determined whether the steps that pl took on behalf of both pl and def were within the realm of the acceptable, which is required for def to be required to chip in equally (see ibid. 176:10; Rama, CM 182:3). If the price of the job were low, it is possible that we would presume that the neighbors give the one representing them free rein, but not for cases like this which came to many thousands of NIS. This is one of the matters that beit din cannot determine just based on the pictures and descriptions provided.
The Rosh (Shut 107:6) is among those who rule that when it is the most reasonable thing to do, beit din can rule based on compromise even when the sides do not agree to it, and this is also specified in our arbitration agreement. The Shulchan Aruch (CM 12:5) mentions as one of the cases, when the ruling cannot be clarified. The same is true when it is not in the interest of the sides to try to clarify.
We will continue next time with analyzing the relative strength of the claims in order to arrive at a proper compromise.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
806 - Regulation of Land Rights in a Settlement Extension – part V
807 - Regulation of Land Rights in a Settlement Extension – part IV
808 - P'NINAT MISHPAT: REGULATION OF LAND RIGHTS IN A SETTLEMENT EXTENSION – PART III
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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)
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
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
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
Rabbis in Midrash
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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.
