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Beit Midrash
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Ruling: The regional court did not claim jurisdiction because of the rule that the place of adjudication follows the place of the defendant (Rama, Choshen Mishpat 14:1). This, they claim, relates not to jurisdiction per se, which might be impacted by citizenship, but to geographical concerns. Regarding enforceability, if the couple signs an arbitration agreement, it should be enforceable and potential difficulty should not make a difference if there are not indications to expect it (see Tosafot, Sanhedrin 31b). The Supreme Rabbinical Court heard the appeal.
The set courts in Israel, in comparison to a beit din abroad that is not set, can be compared to the gemara’s (Sanhedrin 31b) statement that a lender can force a borrower to go with him to the beit hava’ad (respected regional court). Rav Yisraeli discussed at length whether only a lender can force a borrower or whether anyone who can substantiate reasonable claims can make a defendant go to the more respected court. In the final analysis, since the Rambam limits the ability to force going to the beit hava’ad, pl cannot force def to go to Israel on these grounds.
The main argument between pl and def is whether def is required to continue support when pl left their joint place of residence. Rav Yisraeli reasoned that since the obligation to support one’s wife is a set obligation and def will have to prove this case is an exception to the rule, he is in regard to this matter like a plaintiff. Since, he reasons, the idea of going to the defendant’s place is a matter of natural justice, the onus is on the one who is initiating a change. Rav Goldschmidt and Rav Ovadia Yosef countered that the rule is that a woman who refuses to live with her husband does not receive support. While she will receive it if she can prove that she was justified in separating, she is a plaintiff regarding the prospect of proving that she fits into the exception of women who deserve support when not living at home.
However, there is another reason to have the case in Israel, which the three distinguished dayanim agreed to, albeit with slightly different nuances. Pl and def are citizens of the State of Israel, who continue to have a connection to Israel because they have a home in Tel Aviv, plan to return, and receive some salary through an Israeli company connected to the government. Thus, when the courts in Israel do not feel that the level of accountability that the ad hoc beit din abroad would provide suffices, the laws of the State of Israel that give the Rabbanut courts jurisdiction take precedence over the preference to follow the place of the defendant. The dayanim considered this to be true in this case.
P'ninat Mishpat (829)
Various Rabbis
271 - Joint Responsibility Through
272 - To Adjudicate in Israel or In the Defendant’s City?
273 - Leprosy as Grounds for Divorce
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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: Undoing a Problematic Partnership – part II
based on ruling 84061 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.
