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Beit Midrash
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Ruling: [We saw last time that the field owners’ decisions were binding on pl.]
Propriety of def’s closing pipe: It is clear from communications and testimony, that def and others were not given authority to close pipes, and some who closed them were criticized. However, the criticism was when the one closing did not inform the violator that he would be doing so, whereas here, def regularly informed pl. (For a time, pl accepted def’s right to do so, but pl claims that def tricked him, and he only later found out that def was not given authority.) Since there is no practical mechanism for def to get pl to close pipes, it is permitted for def to enforce his rights, especially because it is in a manner that does not cause particular damage (see Shulchan Aruch, Choshen Mishpat 4:1 and commentaries).
Did def also take water against the agreement? Def argued that he had permission from the council to take in a way that included going beyond his original time slot due to great need. When asked why he did not inform the others, he gave six reasons at different times, in a very suspicious manner. Although one can change from one winning claim to another (Shulchan Aruch, CM 80:1), when a reason is written to beit din, he no longer can (ibid. 2). Notably one of the main explanations, that the important thing is that def did not get more than was allotted, is to be rejected out of hand. The whole problem is that there is a scarcity of water, so that everyone is getting less than desirable, and therefore, def should not get a higher percentage of the ideal than others, at the expense of others, and not even inform them. Thus, def did not follow the rules properly himself.
Status of the agreement after it was violated – Although def broke the agreement, the agreement remained intact because of the rights of the many other field owners. Therefore, the fact that it was enforced was not a "damage" to pl. On the other hand, the fact that def hurt pl by taking more than his share requires def to pay for that, which we estimate (without an ability to be exact) at 3,500 NIS.
P'ninat Mishpat (826)
Beit Din Eretz Hemda - Gazit
821 - P'ninat Mishpat: Agricultural Water Rights – part I
822 - P'ninat Mishpat: Agricultural Water Rights – part II
823 - P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
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 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 P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
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.
