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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 Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
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 Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 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: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
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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.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
