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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 (831)
Beit Din Eretz Hemda - Gazit
851 - P'NINAT MISHPAT: REGULATION OF LAND RIGHTS IN A SETTLEMENT EXTENSION – PART I
852 - P'NINAT MISHPAT: REGULATION OF LAND RIGHTS IN A SETTLEMENT EXTENSION – PART II
853 - 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 Repercussions of a Sale That Turned Out Not Happening – part II
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Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
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