Monday, April 24, 2023

A psak about Opposing Land Use Applications

A psak written 5 years ago by Rav Menachem Mendel Shafran a  Posek in EY who  serves as the senior Dayan of the Ha’Yashar V’Hatov Beis Din in Yerushalayim  and Rosh Yeshiva of Noam HaTorah in Bnei Brak, has penned a letter - obtained by FAA News - saying that it's permitted to oppose, even in court, land use applications which will cause overcrowding.



Rav Shafran wrote:

I was asked and I answered as follows:

In principle, it is allowed to object at land use boards and also to file in court against a plan by developers that, according to the residents of the neighborhood, will destroy the neighborhood in various respects due to overcrowding.

It is sad to say that the developers usually get these permits in ways which are not proper, and the public does not have the power to fight against this phenomena.

If there are activists who come to help the neighborhoods (fight such land use applications) they should be encouraged.

8 comments:

  1. I dont see where the psak says that you may go to court to oppose the developers.

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    1. וגם להגיש עתירה מנהלית

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    2. That means administrative. Not court

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    3. That how the court is called in Isreal
      https://he.wikipedia.org/wiki/%D7%A2%D7%AA%D7%99%D7%A8%D7%94_%D7%9E%D7%A0%D7%94%D7%9C%D7%99%D7%AA

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  2. Rabbi Shafran is a יחיד and only a בית דין has authority to issue a היתר ערכאות

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  3. So the poskim in America were asked, and they paskened that it was assur.

    Eventually they found someone in Eretz Yisroel who believes that the entire Choshen Mishpat is subservient to secular law, against the well-publicized opinions of Reb Nissim Karelitz and Rav Elyashiv in Eretz Yisroel, and they claim they are relying on him.

    Heter shopping is the opposite of Yiras Shamayim, as the Gemara tells us.

    And this was well known long before Ger started fighting.

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  4. Post a blatant opinion in identical CIRCUMSTANCES stating different than R Shafran
    There aren't .Even with krum developers (are there any other?) twisting & warping every scenario

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  5. It’s Pashut that he’s right - anyone arguing otherwise is either coming from עם הארצות or financial greed

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