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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 (825)
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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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: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
