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Ruling: It is true that in regard to the major question of pl’s right to expand beyond def’s permission, pl did not have the right. However, def was required to see the legal process through and not start work in a manner that caused damage to pl’s assets and possessions in the area of their work. Therefore, there are grounds for certain damage payments. The claims though are problematic, because they are "wholesale," with little documentation on what was damaged and what they were worth. While it would be best to bring in an expert to do these evaluations, the relatively small amount of viable claims makes it unfeasible to spend the sides’ money on an expert. Beit din will have to estimate.
One type of demand is that a damaged element be returned and fixed, such as a damaged sewage line. In that case, for example, a new permanent line is going to be built in accordance with the correct position of pl’s home. Therefore, it makes no sense in many of those cases to reconstruct that which will soon be unviable.
There is a halachic obligation to pay municipal taxes (Shulchan Aruch, Choshen Mishpat 163:1). This is true even if a member of the community does not benefit from all that the municipality provides (Rama ad loc. 3). All residents certainly must pay for matters of security, local batei knesset, electricity, water, and internet, among other things. While the Rama writes (CM 163:6) that those who do not need help from the lords to collect debts do not have to pay for that service, the S’ma (163:32) distinguishes between services that are by their nature public and those that are private. Since pl did not prove that there are relevant services that they are excluded from wrongly, they are not able to receive an alleviation from the fees.
On the one hand, while those in charge of public funds are not absolutely required to make an exact accounting, it is generally recommended they do so to prevent doubts (Shulchan Aruch, Yoreh Deah 257:2). Therefore, we expect def to be more forthcoming in this matter. However, lack of full disclosure does not excuse pl from paying municipal taxes.
With this we conclude our treatment of this important dispute, which touched on many general communal principles.
P'ninat Mishpat (834)
Beit Din Eretz Hemda - Gazit
857 - Regulation of Land Rights in a Settlement Extension – part IV
858 - Regulation of Land Rights in a Settlement Extension – part V
859 - P'ninat Mishpat: Complaints about Contractor’s Work – part II
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Beit Din Eretz Hemda - Gazit
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Rabbis in Midrash
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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)
P'ninat Mishpat A Non-Contractor in Changing Times – part II
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Hashem Is your Shadow – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
Parashat Hashavua Happiness for the Right Reasons
[With painful longing, we share these divrei Torah from our co-Rosh Kollel for close to 40 years, Harav Moshe Ehrenreich zt”l.]
