YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- 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 (825)
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
Load More
Beit Din Eretz Hemda - Gazit
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
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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.