YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: Are the field owners’ decisions binding? The gemara (Bava Batra 9a) grants a local commercial group the ability to make binding rules and penalize those who do not follow them. This is accepted as Halacha (Shulchan Aruch, Choshen Mishpat 231:38), and it applies even if it causes poverty to a group member (Pitchei Teshuva ad loc. 4). Although many (see ibid. 6) say this is true only if all the members are present at the meeting, the Aruch Hashulchan (CM 231:27) says that if one is invited and does not come, he forfeits his voice.
There is also a machloket Rishonim if a majority decides the matter or whether it requires unanimity (see Mordechai, Bava Batra 480). The Rama (CM 2:1) says we follow the opinion that is locally practiced. Rav Yaakov Ariel explains that the opinion that follows the majority is based on the fact a society must be able to come to decisions to navigate between different interests, and the interests of the majority are most important. Based on this approach, the Aruch Hashulchan makes great sense that if someone does not come, the others can decide without him, because otherwise an individual has a practical veto by not coming.
The Even Haezel (Mechira 14:11) reasons that a majority can suffice only when the group is a city, whereas a commercial group requires all to be present. However, we conclude that pl is obligated by the decision of the meeting. First, the Even Haezel is difficult and is apparently contradicted by the Rosh (Bava Batra 1:33), who equates the two categories. Also, the field owners should be considered like members of a city because they form an entire geographical grouping. This is strengthened by the idea that a policy must be devised for a crucial resource such as scarce water. The fact that the local council sent a representative who apprised his colleagues is also a reason to consider the decisions binding. Although the gemara (ibid.) says that such decisions need the approval of the area’s "important person," there is no indication that such a man existed in that place.
We will continue next time with other elements of the dispute.
P'ninat Mishpat (825)
Beit Din Eretz Hemda - Gazit
819 - P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
820 - P'ninat Mishpat: Agricultural Water Rights – part I
821 - P'ninat Mishpat: Agricultural Water Rights – part II
Load More
Beit Din Eretz Hemda - Gazit
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 Who Breached the Contract? – part IV
Based on ruling 81087 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 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 Used Car with a Tendency Toward Engine Problems
based on appeal ruling 84034 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
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.
