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Ruling: We point out that this entire line of argument is plausible only according to the opinion of the Geonim that chezkat tashmishin does not require three years without protests or a claim that he positively arranged rights from the original owners. In contrast, Tosafot and most Rishonim require the same standards of chazaka as for full ownership claims. On this machloket, the S’ma (153:32) says that the Rama did not decide between the opinions. The Netivot Hamishpat (153:13) says that the Rama allowed for lower chazaka requirements only when the machzik used his own property, just in a manner that improperly disturbs his neighbor’s use of his own property.
We also need to understand the Geonim’s opinion, that chezkat tashmishin is different. The Ri Migash (62) says it is because the machzik does not really take away the property itself but just gets certain peripheral rights. The K’tzot Hachoshen (153:3) says that the use of the property is considered like a kinyan on that element of the property. The Netivot Hamishpat (192:6) reasons that it works as a type of mechila (relinquishing of rights). Either way, since here the owner of the property is the State of Israel and the state did not bestow any rights on pl by any delay in SE’s protesting, pl should not have chazaka. On the contrary, by the state having rules under what conditions people can receive rights and pl not having fulfilled them, the rules are equivalent to protest.
Another reason that there is no chezkat tashmishin follows from the way the Netivot Hamishpat (140:20) explains the Rambam. Specifically, it is because the machzik does not want to take away from the owner’s use of the property in the long term. In contrast, in this case, it is clear that pl are progressing in a manner that in the long term only they will be able to use the land.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
853 - P'NINAT MISHPAT: REGULATION OF LAND RIGHTS IN A SETTLEMENT EXTENSION – PART II
854 - P'NINAT MISHPAT: REGULATION OF LAND RIGHTS IN A SETTLEMENT EXTENSION – PART III
855 - Regulation of Land Rights in a Settlement Extension – part IV
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
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 Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
