YeshivaThe torah world Gateway
Beit Midrash
- Torah Portion and Tanach
- Shmot
- Mishpatim
- Sections
- Chemdat Yamim
- Parashat Hashavua
The gemara (Sanhedrin 56b) says that one of the mitzvot that were given to Bnei Yisrael at Mara (Shemot 15:25), before matan Torah, was dinin (monetary law). The Me’am Loez (Shemot 21:1) says that this was done to help ensure one of the basic requirements of matan Torah: unity within the nation (see Shemot 19:2 with Rashi). As long as people had their financial grievances one with the other and had no system to settle them, there could not be true harmony.
If monetary laws were given before Sinai, why are they mentioned only afterward? It is clear from the gemara that the individual laws of how and based on what to rule were given at Sinai, not before it. The crucial thing before matan Torah was that a system was in place through which people knew they would receive a just conclusion to their disputes. It was the system that brought peace more than the individual rulings. This also explains why Yitro’s judicial ideas, which expanded the judicial system and made it more user-friendly, appear in the Torah prior to Sinai even though, according to many commentators, Yitro suggested them only months later.
The Me’am Loez also points out that the law, truth, and peace, which Pirkei Avot (1:18) tells us keeps the world going, all apply to the judicial system. If we take a look at an important gemara in Sanhedrin (6b), regarding the concept of compromise, we will see a slightly different view of these concepts. Din (a standard ruling of beit din) would be an example of emet, as the dayanim faithfully apply the truths of the Torah. A compromise is an example of shalom, which is not likely to work out to be an absolute truth but puts the conflict to rest as quietly as possible. We accept the opinion that compromise is preferable to din.
This conclusion actually fits in beautifully with the thesis we have been developing. The specific laws and rules that the Torah teaches us to use in ruling are important truths, which we cherish as we do all the halachot of the Torah. In fact, one who chooses to adjudicate by a different system is severely insulting the Torah (see Beit Yosef, Choshen Mishpat 26), even if he feels he will gain regarding peace. However, ultimately the most special element of our judicial system is that one can use a system approved by the Torah to create and maintain relationships within our nation. This preserves the peace that makes us thrive not only as a religion but as a cohesive nation that accepted the Torah "as one man with one heart."
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
Lessons
fast navigation
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
