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Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
If Reuven demanded wheat and Shimon denied the wheat but admitted to owing barley and Reuven then grabbed the barley, beit din does not take away the barley from Reuven. The regional court cited a Ramban who explained the halacha as follows. Since Shimon admitted that he owes barley, he is not demanding it back, and beit din does not get involved when no one makes a claim. However, this is a weak proof because that is referring to a case where no one (including Reuven) initiated a hearing, but here the husband is doing so.
Several sources justify the defendant’s right to initiate a din Torah. The Chacham Tzvi (169) spoke about two communities with a shared claim against a third community, but only one of them wanted to make the claim at the time. He accepted the defendant community’s claim that they did not want to deal with the same claim twice. That which Teshuvot Maimoniot says that one partner can make a claim against someone without the other is only when the second partner has gone far away and we have no idea what he will do if he returns. However, in a case where the two claimants are here, the defendant may refuse to appear until the second plaintiff appears. Although the Chazon Ish finds it difficult that one can force someone to make a claim, it makes sense when not doing so causes damages to another.
The Rama (Choshen Mishpat 24:1) says that if a plaintiff says that he has many claims but does not want to make them now, we do not force him to make his claims unless it lowers the defendant’s property value (i.e., people do not want to do business with someone whom they believe is in great debt). The S’ma (ad loc. 12) says that the defendant can demand to adjudicate unless there is another way to alleviate the damage stemming from the suspicions.
The Pa’amonei Zahav uses the Rama to prevent misuse of the judicial system in the following case. People have claims against a certain man who needs to travel on business. Instead of making the claims in a timely fashion, they want to wait until right before his trip to sue and thereby pressure him because of his need to travel.
Therefore, in a case where our refusal to adjudicate will cause damage to the potential defendant, most, if not all, poskim agree we should allow him to initiate litigation.
P'ninat Mishpat (829)
Various Rabbis
183 - A Dayan After the Claims Were Heard
184 - Initiating a Din Torah Against the Plaintiff’s Will
185 - Complaints about the Sale of a Hekdesh Property
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P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 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.
