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The gemara (Bava Kama 84a) says that nowadays we judge people as agents of the last dayanim semuchim. The gemara in Sanhedrin (3a) gives a somewhat different explanation, claiming that it is a rabbinic institution so that "doors will not be locked before those who need to borrow money" (in other words, a necessary step to ensure that a normal society can continue). Why is this necessary if we have the idea of serving as agents of the semuchim?
Tosafot (Sanhedrin 3a) says that both ideas refer to the same rabbinic institution. Rashi (ad loc. 13b) says that one institution discussed a time when there were semuchim but not in the specific place, and the other referred to a time when there were no semuchim anywhere.
In any case, the gemara limits the use of non¬-semuchim judges to cases that are common and involve a loss of money. Two examples of cases that are excluded are damages to a person’s body and payment for embarrassment. The Rambam (Sanhedrin 5:10, accepted by the Shulchan Aruch) says that regarding damages to a person’s body, while we do not judge depreciation in overall value, we do judge loss of income and medical bills. The S’ma explains that smaller damages that do not affect one’s overall value but do cause absence from work and medical expenses are common. The Rosh (accepted by the Rama) makes no such distinction.
The Rishonim discuss how it could be that the rabbinic concept of agency for the semuchim of old can work to force a get and to do a conversion, which are Torah laws. Some say that in fact the ability to continue these practices is rabbinic, and they say that the absence of these processes would cause great damage, thus justifying their implementation.
Rishonim point out that the minhag of the ancient communities of Bavel was to excommunicate those who did not appease their counterparts whose cases did not warrant a beit din hearing due to lack of semuchim. Furthermore, when the two sides agree to adjudicate upon that which beit din does not have jurisdiction, their agreement empowers the beit din. We would also point out that many cases of bodily damages are governed by agreements with insurance companies. In those cases, the issue is not of a Torah-levied payment for damages but is based on prior agreement and this is under the jurisdiction of even a contemporary beit din.
P'ninat Mishpat (835)
Various Rabbis
94 - Dayanim With Authentic Semicha
95 - How Do We Judge These Days?
96 - The Status Home Expansion
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
