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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 (827)
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
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
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 Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
Army and War "If Haredim Should Serve in the IDF, So Should You"
IDF Service for Young Jewish Men from America
Rabbis in Midrash
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The Land of Israel LGBT'S IN ISRAEL
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As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
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The advantages of testimony over circumstantial evidence or philosophical speculation.
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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.
