Yeshiva
Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
The Torah study is dedicatedin the memory of
Yossef ben Simcha
Rishonim dispute how a kinyan prevents the sides from backing out of their agreement. The Nimukei Yosef (Sanhedrin 4b in the pages of the Rif) posits that the kinyan is not of a directly monetary nature, but comes to concretize the procedural agreement. The Ra'avan says that the litigants must make a kinyan on the money in dispute to be paid according to the decision.
Rishonim explain that not only regarding the viability of witnesses and dayanim but in regard to a variety of rules of adjudication, the sides can alter the regular rules. These include beginning deliberations at night, using translators, etc. These changes are not limited to technical issues or matters of a specific Torah preference but apply as well to matters of serious content that could easily affect the case’s outcome. For example, a sinner as a witness is suspected of lying for financial gain, yet he can testify if so agreed. The use of translators also can hinder the dayanim’s ability to understand and interrogate the litigants. (One area where agreement is invalid is about going to adjudicate under the auspices of a secular court.) The reason that these agreements are accepted is that since the goal is to resolve arguments between the parties, there is little reason to prevent people from using a framework with which they are satisfied.
Regarding present day practice, the signing of an arbitration agreement is deemed to be a form of kinyan to the agreements between the sides based on the rule of situmta (whatever is considered binding by society becomes halachically so). That is why special rules that a given beit din employs that are referred to in the arbitration agreement are binding. It is common now, for example, to allow adjudication to take place at night. Regarding matters of content, many batei din receive authority to extract money even when there is a (minority) opinion that payment should not be made. Sometimes the law of the land is accepted relatively broadly. It is possible to validate a ruling, even if it ends up being based on a mistake, or to allow the dayanim to rule either based on strict law or based on compromise. Examples of rulings where this was employed can be found in editions 26-27 of Halacha P'suka.
P'ninat Mishpat (835)
Various Rabbis
132 - Validity of a Get When a Father’s Name Was Incorrect
133 - Litigants' Agreement to Special Rules of Adjudication
134 - An Unspecified Obligation Following a Specific One
Load More
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
Lessons
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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
