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- P'ninat Mishpat
Ruling: [Last time we saw that the government, while unable to officially appoint rc and/or def, wants them to have authority, and that this was recognized by pl as well.]
Ba’i Chayei (Choshen Mishpat I:109) rules that a public decision that was taken in order to hurt an individual is not binding; other poskim agree. The Maharshach (I:159) says that when a decision applies only to one person, it is considered suspect of violating that rule. On the other hand, the Knesset Hagedola (Tur CM 231:94) says that we assume that a public decision was not for the purpose of revenge until it is proven that it is. However, if the decision is what makes it possible to extract payment from someone, the level of indication that the decision is problematic is lower, and the fact that it applies to only one person can be enough to accomplish this (see also Hilchot Medina (Waldenberg) I, p. 185).
In this case, pl were unable to prove that the decision not to let them keep (for free) a property that is greater than 700 sq. meters was done out of hate. The decision is very logical when one considers that no one else in SE has such a big property (the average is 500 sq. meters), so their right to have the biggest plot is retained. Therefore, the decision is upheld even though it is not denied (and beit din regrets this) that there is indeed enmity between the sides.
Pl’s presence in the plot of land in 2013 is inconsequential regarding chazaka because they were removed from the land by the government’s civil authority, which represents the owners of the land. Therefore, whatever chazaka might have existed was uprooted, and when pl tried to reestablish it, def was already involved and possessed set rules that precluded pl’s expansion to the extent they wanted.
We will continue next time.
P'ninat Mishpat (834)
Beit Din Eretz Hemda - Gazit
825 - P'NINAT MISHPAT: REGULATION OF LAND RIGHTS IN A SETTLEMENT EXTENSION – PART I
826 - P'NINAT MISHPAT: REGULATION OF LAND RIGHTS IN A SETTLEMENT EXTENSION – PART II
827 - P'NINAT MISHPAT: REGULATION OF LAND RIGHTS IN A SETTLEMENT EXTENSION – PART III
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Beit Din Eretz Hemda - Gazit
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 Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 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: Sharing in Plumbing Expenses – part II
based on ruling 85013 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
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
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Hosha'ana Rabba FLYDUBAI & HOSHANA RABBA- ANI VAHU HOSHIA NA- I & HIM SAVE US
"Ani vaHu Hoshia Na", "I and Him, Save Us". We don't just pray to Him, but we also pray to and for ourselves that we should emulate and educate our children to have that instinctive altruism with which He created the world. President Trump seemed amused about Yaniv Hayon, our PLUMBER who confidently worked with G-d like Superman (he learned from a pilot on a TV show!) to save 174 lives on the Dubai hijacking, but we in Israel are totally accustomed already 78 years to our plumbers, teachers, garbage-men, rabbis, farmers & doctors being Hashem's shlichim! This is what Zionism is about.
