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Ruling: Pl claims that rc never sent maps limiting homes to a half a dunam. Beit din rejects this claim. Rc has a file for pl’s property, with much detailed documentation, including the maps in question. This file was not opened by itself. The indications that pl were aware of what was planned for them is corroborated by rc’s engineer’s (=rce) testimony. While there were some difficulties with rce’s testimony, it makes clear the basic fact that there was a discussion between rc and pl at the relevant times.
While rc lacks authority to allocate land without permission from those who control it, since it is part of rc’s responsibility to prepare not yet recognized settlements for normalization, that includes preventing anarchy in land allocation that prevents such normalization. As mentioned in the past, pl used rc’s influence to receive their lot in the first place.
Rc presented a clear stance to beit din that they were against anyone having a lot larger than 700 square meters. Pl claim that this is a change in their longstanding policy in regard to pl, and is based on political pressure. Beit din sees no change in rc’s policy, which was well known and finds expression in rc’s file on pl.
Rc claims that the area south of pl’s property was set aside as a public open space, and pl claim that it was agreed that they would have special rights to usage there. There was a meeting at which it was agreed that a rock retaining wall at the area’s boundary with pl’s property would be built by def, and be paid for by pl. Pl claim that at a meeting they were promised that anything above the rock formation would be for their full use, and rc’s representative to that meeting refused to come and testify what transpired. Pl claims that this proves that they are correct and the representative is intimidated by def. Beit din rejects that claim. One needs strong grounds to establish that one who refuses to testify does so because of a litigant’s intimidation (Shulchan Aruch, Choshen Mishpat 92:6). In this case, the representative is a powerful person who should not feel intimidated by def. Although rc had suggested a compromise regarding this area, this is not binding, as it just represents what rc could accept from a planning perspective. Regarding a public area, the people of the public (def) need to accept it. Joint usage of the area would have required cooperation between def and pl, which we see is untenable, due to the enmity between them.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
855 - P'NINAT MISHPAT: REGULATION OF LAND RIGHTS IN A SETTLEMENT EXTENSION – PART III
856 - Regulation of Land Rights in a Settlement Extension – part IV
857 - Regulation of Land Rights in a Settlement Extension – part V
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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
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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.
