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Ruling: The approach that pl espouse leads to anarchy, and the State of Israel does not allow this. When, for various reasons, the central government does not set rules for a certain area, it encourages local jurisdictions to assume such roles, and rc maintains such a role in the area of SE, in partnership with def.
The area in question is legally similar to a reshut harabim (public property). An individual may not use reshut harabim in a manner that is out of step with public norms (see Shulchan Aruch, Orach Chayim 637:3). The closest arbiters of what this entails in settlement expansions is the regional council.
Furthermore, while rc does not have legal authority, it is very pertinent that when pl needed help going back to SE, they turned to rc, which felt a need to pressure def into agreeing. Since this hierarchy brought pl to their present situation, they cannot deny all authority to these bodies.
As those who represent the local residents in practice, def have the status we find in classical halachic sources of zayin tuvei ha’ir. Rishonim (including Shut Harashba I:729; Mordechai, Bava Batra 480) give them equivalent rights locally to the highest rabbinic authorities. There is no need for the local representation to enjoy a national stamp of approval. This is in line with pbdr. While pl was not a signatory to that arbitration agreement, and thus that ruling is not binding on them, pl signed our beit din’s arbitration agreement, and we have no reason not to incorporate pbdr, with which we have no issue.
In summary, then, pl are bound by the authority of rc and def to the extent that the latter serves as a partner to the former.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
849 - P'NINAT MISHPAT: A MESS OF LOANS, REPAYMENTS AND GRIEVANCES – PART IV
850 - P'NINAT MISHPAT: REGULATION OF LAND RIGHTS IN A SETTLEMENT EXTENSION – PART I
851 - P'NINAT MISHPAT: REGULATION OF LAND RIGHTS IN A SETTLEMENT EXTENSION – PART II
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), 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 A Commercial Rental for a Closed Business – part II
based on ruling 80047 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
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Refuting Criticism by the Ridbaz – #311 – part IV
Date and Place: 19 Sivan 5670 (1910), Yafo
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)
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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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)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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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)
