YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
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 (829)
Various Rabbis
109 - Dayanim With Authentic Semicha
110 - How Do We Judge These Days?
111 - The Status Home Expansion
Load More
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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.
