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Beit Midrash
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Rishonim dispute how a kinyan prevents the sides from backing out of their agreement. The Nimukei Yosef (Sanhedrin 4b in the pages of the Rif) posits that the kinyan is not of a directly monetary nature, but comes to concretize the procedural agreement. The Ra'avan says that the litigants must make a kinyan on the money in dispute to be paid according to the decision.
Rishonim explain that not only regarding the viability of witnesses and dayanim but in regard to a variety of rules of adjudication, the sides can alter the regular rules. These include beginning deliberations at night, using translators, etc. These changes are not limited to technical issues or matters of a specific Torah preference but apply as well to matters of serious content that could easily affect the case’s outcome. For example, a sinner as a witness is suspected of lying for financial gain, yet he can testify if so agreed. The use of translators also can hinder the dayanim’s ability to understand and interrogate the litigants. (One area where agreement is invalid is about going to adjudicate under the auspices of a secular court.) The reason that these agreements are accepted is that since the goal is to resolve arguments between the parties, there is little reason to prevent people from using a framework with which they are satisfied.
Regarding present day practice, the signing of an arbitration agreement is deemed to be a form of kinyan to the agreements between the sides based on the rule of situmta (whatever is considered binding by society becomes halachically so). That is why special rules that a given beit din employs that are referred to in the arbitration agreement are binding. It is common now, for example, to allow adjudication to take place at night. Regarding matters of content, many batei din receive authority to extract money even when there is a (minority) opinion that payment should not be made. Sometimes the law of the land is accepted relatively broadly. It is possible to validate a ruling, even if it ends up being based on a mistake, or to allow the dayanim to rule either based on strict law or based on compromise. Examples of rulings where this was employed can be found in editions 26-27 of Halacha P'suka.
P'ninat Mishpat (825)
Various Rabbis
115 - The Status Regarding Home Expansion
116 - Litigants' Agreement to Special Rules of Adjudication
117 - The Right to Strike
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P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
