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This week we will present the guidelines in regard to peshara (compromise). First we note that one type of peshara is one that beit din help the parties arrive at without a decision by beit din. We are discussing peshara that the sides empower beit din to arrive at, without knowing what beit din will decide. Because of the broad authority that beit din has in this regard, guidelines for employing peshara are important. Following are some of the conclusions:
1. A beit din that wants to employ peshara should include in the arbitration agreement, which the parties sign, that beit din is authorized to rule "whether according to law or according to compromise."
2. The common form of peshara that is used in batei din is compromise that is close to the content of the law (see Shut Radbaz IV:164).
3. The agreement to compromise does not include random compromise, and dayanim who practice such a system are to be criticized (Bava Batra 133b).
4. Beit din should not choose to employ peshara when logic and ethics point in the direction of following the simple law (Moznaim Lamishpat 12; Divrei Malkiel II:133). To the contrary, one of the reasons to prefer peshara in certain cases is when the standard halacha brings a result that in a specific case is against a healthy sense of logic (ibid.; Orach Mishpat, Choshen Mishpat 1).
5. One of the prominent circumstances where peshara is called for is when the facts of a case cannot be proven according to the standards of halacha but beit din intuits what actually happened with a reasonable level of certainty (Shulchan Aruch, CM 12:5). Beit din can employ peshara to extract partial payment when there is a minority opinion that supports the defendant, to warrant partial payment when there is an unenforceable moral obligation (Aruch Hashulchan, CM 104:15), in a case of indirect damage (Rav Z.N. Goldberg), and to obligate penalty payments, including those that are only based on halachic precedent or those that originate from local law.
P'ninat Mishpat (829)
Various Rabbis
277 - Rent on Ruling Based on Unclaimed Claims
278 - Guidelines for Peshara
279 - Guidelines for Collection of Awards
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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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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.
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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.
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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.
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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.
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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.
