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- 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 (654)
Various Rabbis
89 - Making Up a Tefilla With No Net Gain
90 - A Litigant’s Behavior Before
91 - havdala
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Rabbis in Midrash
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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.
