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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 (829)
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
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
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 I
based on ruling 84093 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: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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.
