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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."
Igrot Hare’aya Refuting Criticism by the Ridbaz – #311 – part IV
Date and Place: 19 Sivan 5670 (1910), Yafo
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
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)
