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The gemara (Sanhedrin 3b) establishes that a majority decides matters both in regard to monetary and capital cases. The Rama (Choshen Mishpat 18:1) based on the Rashba (Shut V, 289) says that this system of decision-making applies to courts but not to the adoption of ordinances for the public.
This seems to contradict the Rama's own ruling (in the name of the Maharam) that we do follow the majority. The Chatam Sofer (Shut CM 61) says that the Rashba's limitation on using the majority is based on the fact that the gemara (Chulin 11a) needs to bring a proof from a pasuk that we follow the majority. This indicates that following the majority is not a matter of simple logic. The proof from the pasuk is enough to apply majority rule to Torah-mandated groups such as Sanhedrin and a regular beit din that has to decide matters under its jurisdiction. However, regarding groups that convene to decide matters that are not mandated by the Torah but depend on the opinions of people, there needs to be an agreement of the whole group. The Rama's ruling in the name of the Maharam, says the Chatam Sofer, discussed a case where there was a disagreement from the outset with between the people of the community, which they got together to work out. In that case, it is clear that they got together in order to solve the matter by the decision of the majority. It follows from the Chatam Sofer that majority rule, while not applicable regarding voluntary matters, still is valid and binding when the group previously decided to follow the majority. If agreement can extend majority rule where it normally does not apply, then it should follow that agreement of a group can also implement any system of decision-making that the group arrives at.
In a different responsum (ibid. 116), the Chatam Sofer says that the idea of following the majority should not be applied sparingly. Rather, he says, the minhag in his whole region was that a wide variety of decisions were decided by majority. He explains that if matters would have to be resolved by unanimous decision, then practically no issues would ever be resolved.
Next time we will discuss what happens under the majority system when some of those who were eligible to vote do not do so.
P'ninat Mishpat (829)
Various Rabbis
123 - How to Elect Public Officials
124 - How to Elect Public Officials
125 - How to Elect Public Officials
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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
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
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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.
