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Shabbat Parashat Ki Tisa 5781

Ki Tisa | 22 Adar 5781 | 3/6/2021




P'ninat Mishpat: Operating a Preschool in a Private Building part II

The plaintiffs (=pl) are residents in an apartment building in which their neighbor (=def) operates a preschool program (gan) for two-year olds. Pl complain that this causes noise and disturbances in the building, including making the use of elevators unfeasible at times. Beit din had ruled that the gan could continue for three reasons: 1. The present use of the apartment for a small group of children is within ordinary use approved by municipal standards (up to 10 children in Jerusalem). 2. Even if it were out of the ordinary, special consideration is given to Torah schools, and this applies to ganim as well (it is at least a matter of mitzva). 3. The Chatam Sofer says that necessary businesses that cannot be run in commercial areas can operate in residential ones; since there are not enough public accommodations for ganim in Jerusalem, residents cannot prevent their neighbor from running a small gan. The appeal questions these reasons as follows: 1. According to Israeli law, it is forbidden to have any business in a residential building without a special permit, and the municipalitys turning a blind eye does not change that. In this case, also, neighbors have complained for years, and def has not acted to minimize damage. Also in the past, she exceeded 10 children, and it is hard to check if she is now exceeding it. 2. The special allowance for Torah schools applies only from the age of six, and certainly not under three, and it anyway cannot overrule a local law. 3. The Chatam Sofer applies only when there are no alternatives. In this neighborhood, there are many public buildings, and, in any case, ganim are usually on the ground floor, where they are less disruptive.


Dedication

We daven for a complete and speedy refuah for:

Nir Rephael ben Rachel Bracha
Yisrael ben Rivka

Rivka Reena bat Gruna Natna

Meira bat Esther

Together with all cholei Yisrael

 

Hemdat Yamim is dedicated

to the memory of:

Those who fell in wars

for our homeland

 

Eretz Hemdah's beloved friends

and Members of

Eretz Hemdah's Amutah

 

Rav Shlomo Merzel z”l
Iyar 10, 5771

 

Rav Reuven Aberman z"l

Tishrei 9 ,5776

 

Mr. Shmuel & Esther Shemesh z"l

Sivan 17 / Av 20

 

Mr. Moshe Wasserzug z"l

Tishrei 20 ,5781

 

R' Eliyahu Carmel z"l

Rav Carmel's father

Iyar 8 ,5776

 

Mrs. Sara Wengrowsky

bat RMoshe Zev a”h.

Tamuz 10 ,5774

 

Rav Asher & Susan Wasserteil z"l
Kislev 9 / Elul 5780

RMeir ben

Yechezkel Shraga Brachfeld z"l

&

Mrs. Sara Brachfeld z"l

Tevet 16 ,5780

 

RYaakov ben Abraham & Aisha

and

Chana bat Yaish & Simcha

Sebbag, z"l

 

Rav Yisrael Rozen z"l
Cheshvan 13, 5778

 

Rav Benzion Grossman z"l
Tamuz 23, 5777

 

Rav Moshe Zvi (Milton)

Polin z"l

Tamuz 19,  5778

 

R' Abraham Klein z"l

Iyar 18 ,5779

&

Mrs. Gita Klein z"l

Av 4

 

Gershon (George)

ben

Chayim HaCohen Kaplan z"l

Adar II 6

 

Hemdat Yamim
is endowed by Les & Ethel Sutker
of Chicago, Illinois
in loving memory of
Max and Mary Sutker

Hemdat Yamim

A weekly divrei Torah leaflet: A Glimpse at the Parasha, Ask the Rabbi, From the writings of Harav Avraham Yitzchak Hakohen Kook, ztl, Pninat Mishpat (Jewish Monetary Law).

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