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11

Actually, I don't know why you'd have to ask specifically about the USSR. Wouldn't the same question apply to any feudal-type government, where the king is in principle the owner of all of the land in the kingdom? And AFAIK there's no concept in halachah that you have to ask him for permission to build a sukkah. I think the reason might be, building on zaq'...


10

The division of the land included, among other steps: sending out commissioners to survey it (Josh. 18:4ff) ...and to evaluate the worth of the individual regions and plots of land, to make sure that the division would be equitable (Rashi to Num. 26:54) designating which roads would be private vs. public, depending on their grade (Eruvin 22b) assigning a ...


7

This is likely a paraphrase of the Talmudic statement (Yevamos 63a): ואמר רבי אלעזר כל אדם שאין לו קרקע אינו אדם שנא׳ השמים שמים לה׳ והארץ נתן לבני אדם Rabbi Elazar said: "Every man who does not have land is not a man, as it says "The heavens are heavens of G-d, but the earth He gave to the children of men."


6

Rabbi A. Leib Scheinbaum of the Hebrew Academy of Cleveland brings the story in his dvar torah on Parshas Behar: There is a famous anecdote, related by Horav Yeruchem Levovitz, zl, which underscores this verity. A din Torah, litigation between two disputants, once took place in Volozhin, and its venerable Av Bais Din, Horav Chaim Volozhiner, zl, ...


6

No easy answers here, but let me try to illuminate the question. As far as property goes, the Gemara in Bava Kama 28a says that if my neighbor fills my yard with his barrels so I'm unable to exit, I can smash a straight path from my door to the street and he can't charge me for this. However if I injure myself while doing so, I can't sue him. This Gemara ...


6

From Aish.com When a Jew and non-Jew share a house, each having his own designated room or area, then a mezuzah is not posted on the common doorway. (Rama Y.D. 286:1 with Pitchei Teshuva 3)


5

This is an unsourced logical argument that buying or selling such a policy does not imply a lack of faith in the coming of moshiach. Do we say that the writer of a life-insurance policy is betting that the buyer won't die, so he won't have to pay out? No; rather, the insurance company is making an actuarial/financial calculation by which they believe they ...


5

There are Jewish communities which have the custom that if a tragedy happened in a home, the current owners will move out. This is based on the Rabbinic expression "one who changes his location changes his luck". However, there is no reason for somebody else not to move into such a home. In Jerusalem - and other predominantly Jewish areas - such homes are ...


5

(I found all these sources in Nit'ei Gavriel on Aveilus ch. 32 footnote 1.) A "Chanukas HaBayis" is an old custom first mentioned (though not by name) in the midrash (Tanchuma Bereishis 2 et. al.). The Radak (Shorashim, חנך) writes that "it is a minhag to have a meal and happiness at the first eating that they eat in the new house." The Maharshal (Yam ...


5

The parallel Chazzal to this is found in Rus Rabba 7 11. There the Eitz Yosef explains that the function of this kinyan was actually a ruse to ensure witnesses. He says the barrel of treats was smashed which brought all the children to come gather them. They in turn would remember what had transpired being that children have good memories, as it says ...


5

Hazaka only works with the original owner's consent. Rambam, Laws of Sales Chapter 1: א,ז [ח] כיצד בחזקה: מכר לו בית או שדה, או נתן אותן מתנה--כיון שנעל או גדר או פרץ כל שהוא, והוא שיועיל במעשיו--הרי זה קנה. א,ח במה דברים אמורים, בשהחזיק בפני המוכר. אבל שלא בפני המוכר או הנותן, צריך שיאמר לו לך חזק וקנה; ואחר כך אם החזיק--קנה, אף על פי שאינו ...


4

It's actually not so much because of practicality, but because the prerequisites for Yovel are that all Jews are living in the land of Israel, and each tribe in their designated territory. (So even if all of the land were under Jewish control, there's still the fact that almost no one knows what tribe they're from. See the discussion in the comments here.) ...


4

According to the Malbim's commentary, Boaz chose to do Yibum in order to spiritually reincarnate Rus's deceased husband, Machalon, which is the Zohar's approach to what happens in Yibum - the soul of the deceased is reincarnated into the son born of the Yibum union. (See Malbim to 4:14, for example.) Along the same lines, he may have chosen to acquire the ...


4

It would appear that nothing here was in the bounds of absolute strict obligation. (The Torah only strictly obligates yibum for the brother of the deceased; Boaz and Ploni were more distant relatives.) Nonetheless, it was felt that to honor Elimelech's memory, it was appropriate that one person both buy his ancestral fields, so they'd be back in the family, ...


4

Even if such a database existed, in the case of the Gemara it would not have helped the purchaser. The Gemara (12b) sets up the concern of this case to be that the document was written, but then not given to the borrower until later, in which case a purchase made between the time it was written and the time it was given would in reality not be subject to ...


4

The Rambam (in Hilchot Mechira 25:5) brings the following halacha When a person sells a house, he also sells the oven, the range, the door frames that are attached with mortar, the door, the beam, the lock, but not the key. [...] Nor does he sell the blocks for the feet of a bed, nor the window frames, even though they are affixed with mortar, for ...


3

In יְחֶזְקֵאל chapter 47 you can read about how the land of Israel will be redivided into 13 portions, once Moshiach comes. Each tribe will get a portion. Converts will also be allocated a portion, based on which tribe coverted them. The extra 13th portion is for the Cohen Gadol, Cohanim, Leviim and Bet Hamikdash. יג: כֹּה אָמַר א' ה' גֵּה גְבוּל אֲשֶׁר ...


3

Pesahim 4a, 4b and 5b discuss thoroughly this topic. For example, my English translation of Koren Talmud Bavli cites the halacha If the owner of a house who lets it to another delivered the keys to the lessee before the evening of the fourteenth of Nisan, the lessee is obligated to search for leaven. If the keys were delivered afterward, ...


3

As far as conquest, see Exodus 23:29–30 (JPS translation): I will not drive them [=the inhabitants] out from before thee in one year, lest the land become desolate, and the beasts of the field multiply against thee. By little and little I will drive them out from before thee, until thou be increased, and inherit the land. I guess conquest took ...


3

The Mishneh Torah, in Hilkhot Tefilin u-Mzuzah ve-Sefer Tora 5:11, says( see also Shulchan Arukh, Yoreh De'ah 291:2): המשכיר בית לחברו--על השוכר להביא מזוזה ולקבוע אותה, אפילו היה נותן שכר על קביעתה: מפני שהמזוזה חובת הדר היא, ואינה חובת הבית In English: When a person rents a dwelling to a colleague, the tenant is obligated to obtain a Mezuzah and ...


3

I will start by addressing the specific question that you have asked here: "According to Halacha, is it a sin for a Jew to take control over some land in Eretz Yisrael when this land was taken against the will of its previous controller (regardless of whether it was occupied or empty, and whether there was violence involved in the transition)?" The answer ...


3

A July 2018 Yeshiva World piece by R' Yair Hoffman explores whether trespassing on someone else's property briefly without their permission (in that case, to park your car) is permissible. He concludes that such trespassing is stealing and not permissible. The whole piece is valuable, but the core sources necessary to reach his conclusion are: Shulchan ...


3

Ma'aser Sheini 5:14 says clearly that converts do not get a portion in the land. מִכָּאן אָמְרוּ, יִשְׂרָאֵל וּמַמְזֵרִים מִתְוַדִּים, אֲבָל לֹא גֵרִים וְלֹא עֲבָדִים מְשֻׁחְרָרִים, שֶׁאֵין לָהֶם חֵלֶק בָּאָרֶץ. From here they said, Jews and Mamzers admit, but not converts, nor freed slaves, for they do not have a portion in the land. (Admission in ...


3

The reason you didn't see the cities' sizes being determined is that the cities were existing cities allocated by lottery to the different sons of Levi according to the size of the tribe giving them out and according to the size of the Levites tribes. In Bamidbar 35:2-8, Hashem tells Moshe that the tribes should take cities from their land and give them out ...


2

First you have to differentiate between Reshut HaRabim and Hefker. Nobody can do a Kinyan on Reshut haRabim; it belongs to everybody unless the "king" or local equivalent decides otherwise. (Unless you cause damage; it belongs to you insofar as you are responsible for restitution.) When a tract of land is Hefker you can do a Kinyan - appropriate to land ...


2

Is this not a simalar case like if a jew from shevet don buys land from a jew from shevet naftoli, after the jubilee year, the jew from shevet naftoli gets his land back? I assume its the same case here. However, since we don't know who's land it is, and we don't have a jubilee year altogether, you keep the land until moshiahH comes, or keep on selling it, ...


2

It doesn't matter if it's on the premesis or not, it depends on if the money will be used to enhance/repair/beautify Avodah Zoro or just to the people. When they were using it for free it was no problem but when paying rent it would depend on the above and on the issue of wanting the Avodah Zoro to remain standing. See Shulchan Aruch Yore Dei'ah 143:3 and ...


2

Rav Ovadia Yosef states that the sefardi poskim allow heter mechira, regardless of if it is a shaas hadchak. He also quotes that Rav Shlomo Zalman Auerbach paskened in favor of heter mechira. In his sefer שו"ת יביע אומר ח"י), Rav Ovadia, states clearly that it is 100% permitted in this day, and that is regardless of whether it is a time of sakana. But for ...


2

I doubt that Disney-land is הוקף לדירה as it's for visiting and not for living in. As a result, the Halacha in the Rambam הלכות עירובין פרק ז siman 4 which seems to imply that a very large area not הוקף לדירה has a Techum Shabbos issue. מי שעמד מבעוד יום ברשות היחיד, וקנה שם שביתה, או שהיה בא בדרך ונתכוון לשבות ברשות היחיד הידועה אצלו, וקבע שם שביתתו--...


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