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, ...


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

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

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

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

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

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

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

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 ...


3

It would have made absolutely no difference during the conquest if the Jews would show up ~400 years later to claim that they 'purchased and owned the land', just like it made no difference when Jews began returning en masse ~100 years ago to the Holy Land, and in a smaller scale, made little difference when Jewish survivors in Poland tried reclaiming their ...


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

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

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

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--...


2

RaDa”Q (R’ Dawidh Qimhi), commenting on Yehezqel 47:23, writes (my translation): והיה בשבט אשר גר הגר אתו - כי לעתיד בצאת ישראל מהגלות יודעו השבטים, אף על פי שהם מעורבים עתה ולא ידעו איש את שבטו, יבוא אליהו וייחס כל איש אל שבטו And, so it will be, in the tribe in which a convert lives with him - Because, in the future, when [the Nation of] Israel will leave ...


2

"that if you publicly use property long enough without anybody objecting, it's yours even if you can't show proof of a transaction." There actually is such a concept in Halacha. It's also called "Chazaka", here in its common meaning of "legal presumption". That is, if you can prove that you used the land for three years in a row, you do not need to prove ...


2

I will tray to give a different response (see my 2 comments above). A first step is to talk about the topic with a minimum of technical terms. A deed of acquisition is generally a symbolic act, a speaking act. When mister A acquires an object Ob. from Mister B, there is a kind of scenography: from the hand of mister B to the hand of mister A, from his ...


2

R Eliyahu Yaniger, a sofer at mezuzah.net (question 78) writes Your mezuzot should remain in the house as long as you are living there. Ownership is not what matters, but whether you are actually living in the house. If you have moved to your new place, even if the old one is not yet sold, you may remove the mezuzot. If you haven't yet moved out, ...


2

The status of land transferred between tribes through inheritance is dealt with in the Mishna Arakhin 33b. This is how the Rambam rules (Yovel 13:8-9 (English)): ישראל שירש את אבי אימו לוי--הרי זה גואל כלויים, אף על פי שאינו לוי, הואיל והערים או השדות הן של לויים, גואל לעולם: שדין זה תלוי במקומות אלו, לא בבעלים. ולוי שירש את אבי אימו ישראל--אינו גואל ...


2

In the specific case which the poster describes the building is built in such a way to allow each neighbor to have a Succah area. Thus the upper neighbor does not have a right to block his lower neighbor from utilizing his Succah rights, as this is part of the way the buildings rights are distributed and all the tenants who live in the building must comply. ...


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