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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 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 Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 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
Rabbis in Midrash
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Israel and the Nations A Few Minutes & Many Innovative Ideas on Antisemitism & What to do About It
As we approach the High Holidays, this short lecture (18 minutes) deals with the unfortunate situation of how Israel and the Jewish People stand against antisemitism, analyzing its cause according to Rav Kook, and how to deal with the issue pragmatically & via our prayers.
Ha'azinu PURSUIT is PERFECTION
p. Ha'azinu, Shabbat Shuva
Rav Kook deals with the question of the seemingly hopeless nature of Tshuva. For G-d Himself knows that He created us with free will, which inevitably means we will sometimes make mistakes and choose wrong. This can easily be frustrating, freezing us into inaction and ye'ush (loss of hope). If one sins even once, does he chalila have no choice but suicide?! Moreover, our Godly conscience demands justice, righteousness and perfection, but we all know this is impossible, so what's the solution? Rav Kook's innovative thinking, strongly based on chazal (our sages), offers an inciteful and important aspect to this topic, especially this time of year!
Sukkot Bug-Free Sukkah: Essential Halachic and Practical Schach Guide
How to inspect, clean, and store bamboo mats and palm branches to protect your mitzvah and holiday meals.
