Hebrew | Francais


> > Archive

Shabbat Parashat Tetzaveh 5779

Tetzaveh | 11 Adar I 5779 | 16/02/2019

P'ninat Mishpat: Fallout from Underground Encroachment part II

Defendant #1 (=def1) built a house next to the lot owned by defendant #2 (=def2). His sewer pipe went partially under def2s property. In 1998, def1 and def2 signed an agreement whereby they would exchange property so that def1 would get the land over the pipe, but the agreement was never taken to the land authority for implementation. The plaintiff (=pl) bought def2s plot and built a house on it not along the lines of the property exchange. As pls house was being built, in 2004, the parties made a basic agreement by which pl would do landscaping as he likes on top of most of the pipe. Pl claims that the presence of the pipe raised the cost of his development. Additionally, the sewer is faulty and has more than once gotten clogged and leaked, giving off horrible smells; this causes his property to devalue. Pl demands the removal of the pipe and/or compensation for various elements of more than 200,000 shekels. Def1 claims that the land exchange was binding and that def2 asked as a favor not to report it right away to the authorities and that pl was told about the situation before buying the lot. Def2 says that he changed his mind on the land transfer the day after signing that agreement and that it is probably not possible to carry it out legally. He told pl about the problem and demands that pl finish payment for the house and adjudicate with def1. Pl responds that since the contract states that the property is free of the existence of any other parties in it, def2 is in breach of contract and does not yet deserve the final payment.


We daven for a complete and speedy refuah for:


Yehuda ben Chaya Esther

Nir Rephael ben Rachel Bracha
Netanel Ilan ben Sheina Tzipora 

Netanel ben Sarah Zehava

Meira bat Esther

Yair Menachem ben Yehudit Chana

Rivka Reena bat Gruna Natna

David Chaim ben Rassa

Lillian bat Fortune

Yafa bat Rachel Yente

Eliezer Yosef ben Chana Liba

Ro'i Moshe Elchanan ben Gina Devra


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

Rav Reuven Aberman z"l

Tishrei 9 5776

Mr. Shmuel Shemesh  z"l
Sivan 17 5774

R' Eliyahu Carmel z"l

Rav Carmel's father

Iyar 8 5776

Mrs. Sara Wengrowsky

bat R’ Moshe Zev a”h.

Tamuz 10   5774

Rav Asher Wasserteil z"l

Kislev 9 5769

R'  Meir ben

Yechezkel Shraga Brachfeld z"l

R'  Yaakov ben Abraham & Aisha


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

Tammuz 19, 5778


Hemdat Yamim
is endowed by Les & Ethel Sutker
of Chicago, Illinois

in loving memory of
Max and Mary Sutker
Louis and Lillian Klein, z”l

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).

First Name:
Last Name:
site by entry.
Eretz Hemdah - Institute for Advanced Jewish Studies, Jerusalem All Rights Reserved | Privacy Policy. | Terms of Use.