YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
The litigants are a Hassidic group, based in Beit Shemesh (def), and a rabbi who works for the Israeli Rabbinate (pl). It is a matter of dispute who is the plaintiff and who is the defendant. This is significant in this case, where the immediate point of contention is the venue of adjudication and the rule is that the defendant has the main prerogative in choosing the beit din to hear the matter. Pl originally sued def in secular court, and def countered through the Israeli Rabbinate’s regional courts in Yerushalayim. Pl, claiming to be the defendant, wants the matter adjudicated at the Badatz (Rabbinical Court) of the Eida Charedit of Yerushalayim, which represents part of the city’s Ultra-Orthodox, non-Zionist populace.
Ruling: The question of who is the real defendant, which affects the decision on rights of adjudication, depends on some of the particulars of the dispute and must be heard before the preliminary decision. There is a "catch 22" here. Pl does not want to sign an arbitration agreement at the Rabbanut because he does not want to adjudicate there. Beit din does not hear cases before an arbitration agreement is signed. It would be an affront to it to hear the arguments, decide that pl must adjudicate before them, and then not be able to enforce it because pl rejects their jurisdiction. In this case, pl must sign an arbitration agreement or be declared one who refuses to come to beit din.
There are other reasons for the Rabbanut’s regional court in Yerushalayim to have jurisdiction (in addition to the fact that one of the sides has a complicated relationship with the Badatz). The Rabbanut’s courts are a continuation of the concept of the court of the mara d’atra (local rabbinical leader). The dayanim are chosen by representatives of the public, and the great majority of those choosing are G-d-fearing Jews. The various private courts, including the Badatz with all of its Torah scholarship, represent only small segments of society. It is inconceivable that they and not the governmental courts be able to compel sides to appear before it. It is true that when the Rabbanut courts see that the defendant is a clear member of the Badatz constituency, it respects his desire to adjudicate there, but that does not apply here for a few reasons. The Badatz of the Eida Charedit is the court of a group that was recognized as separate from the rest of the community from the time of the British Mandate, but only in Yerushalayim. In the rest of the country there is only one official rav [each, for Ashkenziam and Sephardim] and one Religious Council. Since def is from Beit Shemesh, which belongs to the Jerusalem Region at the Rabbanut, whereas the Eida Charedit does not function in Beit Shemesh, def is not bound by them. Furthermore, since pl serves as a rabbi within the Rabbanut system, he cannot say that he accepts the Badatz’s, not the Rabbanut’s, jurisdiction.
Therefore, the case will be heard in the Rabbanut’s court in Yerushalayim.
P'ninat Mishpat (829)
Various Rabbis
193 - The Ability to Freeze a Divorce Settlement
194 - Place of Adjudication
195 - Place of Adjudication
Load More
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: 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: Late and Flawed Apartment
based on ruling 82174 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
fast navigation
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.
