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Beit Midrash
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- Chemdat Yamim
- Bemare Habazak - Rabbis Questions
Answer: Ostensibly, one who is positive (and is in a position to know ) that he does not owe money is not required to volunteer to go to beit din to prove it to the other side. After all, in certain cases (see complicated halachot in Shulchan Aruch, Choshen Mishpat 4) one may "take the law into his own hand" without resorting to the hassle of adjudication. Likewise, if one knows he does not owe money, he may make things difficult with the hope that the other side will give up and/or agree to a compromise (Pitchei Teshuva CM 12:8; Tumim 12:5).
However, this makes more sense if the other side is aware of the truth, not if he sincere but is making a legal or factual mistake. Furthermore, the formula is different in regard to response to a beit din which summons the person while operating within its authority. Its instructions must be followed, as we see from the fact that if one does not do so, the halacha is that he is to be put in cherem (Shulchan Aruch, CM 11). The fact that many batei din (including ours) do not resort to charamim does not mean that failing to conform to the instructions of a neutral, authorized (by halacha) party is tolerable.
A litigant may certainly raise issues (e.g., wanting to go to a different beit din – Shulchan Aruch, CM 14; asking for an itemized claim – Shach 11:1; requesting time to work out a compromise), but he should do so appropriately. A defendant’s claim that he need not come because the plaintiff has no proof is invalid. First of all, only time will tell. Secondly, a litigant has the right to make the other side deflect his claims and arguments when interrogated before and by beit din, which is harder than denying a claim one-on-one. Third, logical claims may convince beit din to employ compromise, including in cases where oaths, which we no longer administer, are called for.
We now move on to proceedings within beit din. If a litigant possesses information that is valuable to the other side, beit din is required to prevail upon him to produce it (Shulchan Aruch, CM 16:3). He must not say: "You did not prove your case, so you lose." The damaging information does not always mean that the one who admits or hands over documents should or will lose the case. In fact, sometimes he will be able to use a migo, i.e., "since I was honest enough to give up a false but potentially winning claim, believe me regarding a different claim without further proof." (The complicated parameters of this rule are discussed in CM 82). The litigant is not required to produce a document that only looks relevant but is not for a reason he cannot prove (see Tumim 16:2).)
In limited cases, there are opinions that it is permitted to make claims that are not true but are equivalent to the truth (see Mishpat Aruch 75:1:30-34). However, the general rule is that litigants must tell everything as it is, and let the dayanim decide (see Shach, CM 75:1). It is not valid to rationalize that "since the other side is lying or exaggerating about certain things, I can do the same." This is all the more so considering that often (based on my experience) litigants who were convinced they were right were not. (Mistakes can be attributed to a lack of halachic knowledge in often complicated matters and the natural tendency to see things in a way that advances one’s interests.) Thus, one rarely knows when there are righteous ends that might justify certain means. Finally, a warning – dayanim often uncover or sense a litigant’s attempt to "improve" his claims, which weakens his case.
We pray that litigants will cooperatively and truthfully join dayanim in searching for a correct ruling, which is Hashem’s will.
Bemare Habazak - Rabbis Questions (657)
Various Rabbis
89 - Making Up a Tefilla With No Net Gain
90 - A Litigant’s Behavior Before
91 - havdala
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P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
Lessons
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
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)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
