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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 (834)
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 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 Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 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.
Moreshet Shaul Hashem Is your Shadow – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
P'ninat Mishpat A Non-Contractor in Changing Times – part I
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Our King on Rosh Hashana, Our Father on Yom Kippur.
Based on Aroch Siach, p. 221 (Rav Shaul Yisraeli)
