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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 (829)
Various Rabbis
145 - Validity of a Get When a Father’s Name Was Incorrect
146 - Litigants' Agreement to Special Rules of Adjudication
147 - An Unspecified Obligation Following a Specific One
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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: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 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.
