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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."
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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.
Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
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.