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What is to be done when some of the constituency that is supposed to vote does not exercise this right? The Maharam says that the opinion of someone who refuses to vote is disregarded and we follow the majority of the remaining voters. The Noda B'Yehuda (I, Choshen Mishpat 20) and the Chatam Sofer (61) claim that the Maharam was discussing only a case where the non-voter kept to his refusal to vote at the time of the vote. In contrast, if the deciding people convened without the knowledge of one of the people who had a right to take part and his opinion was not heard, then the vote's results are not binding even if the decision enjoyed a large majority (which those who were left out could not have arithmetically overcome).
This idea follows from the Rashba (II, 104). He says that, in all matters, a majority is one that emanates from within the whole group after deliberation. A majority that is separate from the whole, without a deliberation that includes all, is worth nothing. The Maharit extends this limitation to votes that are done through ballot boxes and by means of someone "collecting" people’s votes. This requirement concerned many poskim, as the accepted practice was to make decisions without the presence of the entire community, and various distinctions were drawn.
The Chatam Sofer (116) says that if public announcements were made about the gathering and vote, whoever chose not to come is deemed to be like one who appointed those who did come to be proxies to decide. This is difficult, as in regard to the vote of a beit din, we would never say that one who is absent is like one who appointed the others, and the Maharit (ibid.) rejects this distinction. The Chatam Sofer must posit that while having a majority that emanates from the whole applies to public decisions as well, its parameters differ according to the nature of the decision and its forum. Beit din requires a halachic deliberation before the decision can be arrived at, and therefore the participants must actually be present. Regarding the agreement of the public, awareness and acquiescence suffices.
The Birkei Yosef (CM 13) says that only the decision of appointed officials has to include all, but decisions of the public do not require full participation. The logic seems to be that the appointees were chosen to deliberate, whereas the members of the public only have the right to take part and vote. If we were to follow this distinction today, all of the Knesset’s members would have to take part in each vote, something that rarely happens, and we would have to rely on the fact that the present system has been accepted. The optimal situation would be (as the Chazon Ish, Bava Batra 4:15 says) if all would take part in choosing representatives and all representatives would take part in the vote.
P'ninat Mishpat (829)
Various Rabbis
125 - How to Elect Public Officials
126 - How to Elect Public Officials
127 - Firing Teachers
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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: Undoing a Problematic Partnership – part II
based on ruling 84061 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
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
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.
