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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 (829)
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
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
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
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
P'ninat Mishpat Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 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
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
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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
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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.
