YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
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 (833)
Various Rabbis
277 - Rent on Ruling Based on Unclaimed Claims
278 - Guidelines for Peshara
279 - Guidelines for Collection of Awards
Load More
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 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: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
Lessons
fast navigation
P'ninat Mishpat A Non-Contractor in Changing Times – part II
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Hashem Is your Shadow – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
Parashat Hashavua Happiness for the Right Reasons
[With painful longing, we share these divrei Torah from our co-Rosh Kollel for close to 40 years, Harav Moshe Ehrenreich zt”l.]
Israel and the Nations A Few Minutes & Many Innovative Ideas on Antisemitism & What to do About It
As we approach the High Holidays, this short lecture (18 minutes) deals with the unfortunate situation of how Israel and the Jewish People stand against antisemitism, analyzing its cause according to Rav Kook, and how to deal with the issue pragmatically & via our prayers.
Ha'azinu PURSUIT is PERFECTION
p. Ha'azinu, Shabbat Shuva
Rav Kook deals with the question of the seemingly hopeless nature of Tshuva. For G-d Himself knows that He created us with free will, which inevitably means we will sometimes make mistakes and choose wrong. This can easily be frustrating, freezing us into inaction and ye'ush (loss of hope). If one sins even once, does he chalila have no choice but suicide?! Moreover, our Godly conscience demands justice, righteousness and perfection, but we all know this is impossible, so what's the solution? Rav Kook's innovative thinking, strongly based on chazal (our sages), offers an inciteful and important aspect to this topic, especially this time of year!
Sukkot Bug-Free Sukkah: Essential Halachic and Practical Schach Guide
How to inspect, clean, and store bamboo mats and palm branches to protect your mitzvah and holiday meals.
