6 votes

Source for story of rabbi's claiming land said "you're both mine"

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 ...
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6 votes

Is there a source for owning property in Israel means keeping 1 day yom tov

R Eliezer Melamed (Peninei Halacha Moadim 9:8) writes indeed If one buys an apartment in Eretz Yisrael and lives there during his visits, he is considered a resident of Eretz Yisrael while there. R ...
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  • 43.6k
5 votes
Accepted

How did kinyan ketzatzah work?

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 ...
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  • 32.3k
5 votes

Can you acquire land merely by using it?

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-...
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  • 127k
4 votes

How do I understand Bava Metzia 1:6?

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 ...
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4 votes

When selling a house, what pieces of furniture go with it?

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,...
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  • 43.6k
3 votes
Accepted

Did converts (ger tzedek) in ancient Israel own land?

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 ...
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  • 33.5k
3 votes

Shipping a package to an empty house

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 ...
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  • 46.9k
3 votes
Accepted

Is taking control of land by a Jew in Israel a sin if it was not controlled by him before?

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 ...
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  • 24.4k
3 votes

When Moshiach arrives, will each individual Jewish person have their own personal allotment of land?

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, ...
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3 votes
Accepted

Measuring Levi's cities

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 ...
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  • 43.6k
3 votes

Why didn't our forefathers buy land in the Holy land?

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 ...
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  • 6,693
2 votes

Reasons for allowing התר מכירה in this day and age

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 ...
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  • 685
2 votes

Prophesy in the book of Ezekiel

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, ...
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  • 7,343
2 votes

What if a Levite acquired property?

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 ...
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  • 95.6k
2 votes

How early can I take down my mezuzos before a move?

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 ...
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  • 43.6k
2 votes

Can you acquire land merely by using it?

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 ...
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  • 22.3k
2 votes

Can you acquire land merely by using it?

"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 "...
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  • 21
2 votes

Who owns the air above a balcony (to build a Succah)?

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 ...
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2 votes

Pharaoh's adjective change to Yosef

I would argue that the two verses are not talking about the same thing. The verse in 45:18 is saying that the brothers will eat of the fat of the land. It is not talking about the land itself; it is ...
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  • 48k
2 votes

How is Dina d’malkhuta transferred from one nation/state/malkutha to another?

It appears we basically follow a de facto recognition of who's currently governing, not a de jure one; and the facts are determined by economics. Rambam, end of Ch. 5 of Laws of Theft and Loss: ה,...
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  • 127k
1 vote

What difference does which kind of land you pay with make?

A few days ago I wrote: In an agrarian society, it hurts more to lose a really nice piece of land, even if your rational brain knows it's worth just as much as that bigger piece of land you still own....
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  • 127k
1 vote

Are there special Halachos for homeowners?

One of the very important things a person should do after becoming a homeowner is celebrate a Chanukas Habayis. He should show gratitude and appreciation for the great favor which Hashem has bestowed ...
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1 vote

Can one sell his BAR-METZRA rights to a non-neighbor?

As has been mentioned here many a time, Wikipedia is not considered a good source for accuracy in Torah related information. But just as a starting platform Wikipedia cites a dispute among the ...
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1 vote

Can one be allowed to use a house for free because he is able to use that house for free?

He shouldn't have to pay. You have to first understand what the gemara means in that the sqautter is not receiving benefit. Of course he's receiving benefit! He's living in a house! He's not out in ...
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  • 1,344
1 vote

Must one inform the owner if you damaged and repaired the property?

No, he does not say nothing to the owner. It seems that reparation of damage is similar to restitution of a stolen object. To inform the owner appear only to be directed to avod a new loss ot the ...
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  • 22.3k
1 vote

Must one inform the owner if you damaged and repaired the property?

I don't know of a source that discusses this case, but I do know of a similar case. What if I stole something of yours and returned it without your knowledge? This is possibly a Machlokes between R' ...
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  • 33.5k
1 vote

How did kinyan ketzatzah work?

The Malbim's commentary on Ruth reads the Yerushalmi as you did. The oldest mechanism was chalipin (symbolic transaction); then they went to ketzatza (smash piñata in front of the town); then finally ...
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  • 127k
1 vote
Accepted

Can a Ger Toshav own land in Eretz Yisrael?

R Shlomo Riskin (the Chief Rabbi of Efrat in Israel) writes indeed that a ger toshav can own land in Eretz Israel According to Rambam [Avodat Kochavim 10:6], the very term ger toshav, stranger-...
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  • 43.6k

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