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We will take a look this week at the concept of compromise (p’shara) and its place within the framework of a din Torah (a Jewish court case). According to Rabbi Eliezer, son of Rabbi Yossi Hagelili, a judge who renders a compromise ruling is a sinner, as he is required to arrive at the true judgment that the letter of the law mandates. The gemara (Bava Batra 133b) criticize judges of chatzatzta (of half, according to the Rashbam’s interpretation), who don’t know how to rule and, therefore, regularly award each side with half of their claim. Rabbi Yehoshua ben Korcha, though, praises the judge who rules based on compromise as one who combines the concepts of truth and peace (see Sanhedrin 6b). According to him, beit din should incorporate the need for peace and friendship into the goals of the judicial system. In practice, we accept the view that beit din is supposed to urge the sides to agree to a compromise before they start hearing the case. However, they are not allowed to impose compromise on the sides. Certainly there should not be judges who have no choice but to compromise because of their ignorance.
One should realize that the judicial process can be a long and tiring one, sometimes requiring outlays of time and spiritual and physical resources. It sometimes requires uncovering business secrets, including strategies and one’s actual financial state, which may be different from what people on the outside think. Sometimes both sides have legitimate claims and the decision, thus, may not always be able to be black and white. Therefore, it is worthwhile for the litigants to consider strongly whether it pays for them to go through the entire process. Often, coming to a meeting of the minds that takes both one’s own and his counterpart’s interests and needs into account is wiser.
We pray that Hashem will grant our beit din, Mishpat V’Halacha B’Yisrael, which works hand-in-hand with Eretz Hemdah, His help so that we can succeed in "judging our counterpart with justice" and always avoiding violating, "Do not do iniquity in judgment."
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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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.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.