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Beit Midrash
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- P'ninat Mishpat
The Shvut Yaakov (I, 138) was asked by a talmid chacham who was appointed to sit on a beit din with two ignorant men and saw that they are coming to an incorrect decision whether he could refuse to take a stand in order to force two dayanim to be added. He answered that although it would be lying to do so, since he has the noble intent of trying to prevent a travesty of justice, he may say he does not know. This is because one may distort a story in order to maintain peace.
In a similar case of three normal dayanim, the Beit Yaakov (15) says that one is not allowed to use such a trick. In citing the latter responsum and arguing, the Shut Yaakov says that a travesty of justice is a bigger problem than the value of the honor of the other dayanim. The Birkei Yosef (Choshen Mishpat 18:4) says that one cannot compare the different scenarios. The Beit Yaakov was talking about a case of a proper beit din, where one just strongly disagreed with the opinions of his colleagues. If one cannot convince the others of the superiority of his position, he cannot use a trick to prevent the ruling to be arrived at. However, the Shvut Yaakov discussed a case where the other two dayanim were ignorant people, in which case their ruling is not a legitimate one, and the Beit Yaakov would agree that one could say that he does not know. However, in the case of the legitimate beit din, the Birkei Yosef agreed that one could not take such a step. He implies, though, that the Shvut Yaakov would say even in that case that the lone legitimate dayan would be allowed to say he does know (the Urim V’tumim understood that way, as well). The Rav Pealim (III, 1) understood that the Shvut Yaakov would agree in the case of a legitimate beit din.
Rav Ovadya Yosef (Yabia Omer, CM 3) also understood that one should distinguish between the cases of legitimate and illegitimate dayanim. Thus, in the final analysis, in a normal beit din, a dayan must express his opinion accurately, even if, as a result, the other dayanim will overrule him.
[One would think that the explanation is that the single dayan may not reject the others as making an objective mistake. If so, if he has a way of "proving" to his friends that he is right but he knows that his proof is faulty, he should not falsely convince them, even if he thinks that his position is correct for a different reason.]
P'ninat Mishpat (829)
Various Rabbis
163 - Compensation for Withheld Salary
164 - Refusing to Vote on a Ruling to Which One Objects
165 - A Claim for Severance Pay After Many Years
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P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part I
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
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.
