YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
The Rama (Choshen Mishpat 3:1) says that if there is no dayan who knows how to render a decision, local people can hear the claims and send them elsewhere for knowledgeable dayanim to render a ruling. This implies that hearing the claims and rendering rulings can be separated. However, the Rama is talking about a special dispensation made for a town that has no valid dayanim and must prevent anarchy. The Sha’ar Mishpat (3:3) infers that, otherwise, only one who hears the claims can rule.
If the litigants accept the jurisdiction of the new dayan, that acceptance obviates the need for a proceeding that follows normal guidelines. In a case where litigants were only made aware of the existence of a new dayan and did not comment, the following sources apply. The Yerushalmi (Sanhedrin 1:1) says that when the sides went before a lone expert dayan without comment, this is considered acceptance of him to rule on his own. However, the Shvut Yaakov (I, 137) says that this is unique to a lone expert, who is fit to judge, even though it is normally avoided. The Bach (CM 5) does allow it for those who require special acceptance but only when both sides came of their own volition, and not when one side just answers a subpoena. Thus, the fact that a litigant does not protest is insufficient, as he may just not want to stir up problems for himself. The Rashba (cited by the Beit Yosef, CM 13) says that one has to be sure that a change from the normal procedure has been accepted by the sides.
The Shulchan Aruch (CM 13:6) describes the use of experts who did not hear the case as "sending their opinions to beit din," but the beit din of three who heard the case has to actually render the decision. According to the Tur, the local beit din is allowed to be a "rubber stamp" for the opinion of the expert beit din who sent their opinion, but even he requires the full beit din who heard the case to present their full findings to the other beit din. It is insufficient to simply hear the case and pass on a transcript. In fact, according to the consensus of Rishonim, not only may beit din not hear witnesses via a translator, but they cannot hear the litigants through a translator or through written account without special permission (Shulchan Aruch, CM 13:3). The S’ma explains that hearing the litigants directly gives the dayanim a better chance of coming to the truth.
For this reason, the regulations of the Beit Din Procedures (#71) say that if a dayan needs to be replaced, beit din will decide whether to continue or begin the case again after discussing the matter with the parties.
P'ninat Mishpat (829)
Various Rabbis
181 - Testimony After He Quits the Case
182 - A Dayan After the Claims Were Heard
183 - Initiating a Din Torah Against the Plaintiff’s Will
Load More
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
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: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 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.
