YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- Parashat Hashavua
- Torah Portion and Tanach
- Shmot
- Mishpatim
The gemara (Sanhedrin 7b) points out in this regard that the dayan should not "step on the heads of the holy nation." Directly after commanding, "Do not go up to the altar with stairs," it says "These are the laws…" This idea of not elevating their status as above the people is what Israeli’s like to call "looking at someone at the same eye level." Rashi (ad loc.) says that not only should the dayanim not actually relate to themselves with over-importance, but that it should not even look as if they do so. The first part of the derasha is talking about the situation of one giving a Torah lecture with the assistance of a meturgeman, who repeated the scholar’s lesson loudly. Just as in that case, one who walked through those who were seated looked as if he was stepping on them, dayanim should follow this principle as well. In other words, there should not even be an appearance of putting down the litigants.
Based on this idea, we set up our courts differently than every court of the State of Israel (rabbinical or secular), in which the dayanim sit on a platform. All of our courts have the judges on the same level as the litigants. Besides how this looks to the litigants, it also sends a reminder to the judges that they are sitting in justice as a servant of the public, not as one who uses his role to be above others.
Another derivation (ibid.) from our opening pasuk is that the judges have to "show the face" of the case. Rashi explains that this is derived from that which it says "place before them" and not "teach them." A judgment should be presented in such a way that reconciles the ruling with teachings (Rashi ad loc.). In other words, the students who were studying to be dayanim should understand how what they were being taught was being applied correctly. Our implementation of this idea is that all our rulings come with clear explanations of the ruling’s basis. Halachically, not every ruling has to come with reasons. That is necessary only when the litigant seems to not trust the dayan or when he asks explicitly for the reasons (Choshen Mishpat 14:4), and even then, the requirement might only exist if the beit din adjudicated without the request of both sides. However, since we are big believers in the concept of transparency as a basic rule of operation, every ruling is given with full written reasons. We do this in a way that even the laymen who is not deeply familiar with halachic reasoning will understand its basics.
We pray that Eretz Hemdah-Gazit, along with the Forum for Rabbinical Courts for Monetary Matters, including Rav Ratzon Arusi’s Halichot Am Yisrael and Rav Avi Gisser’s Mishpetei Eretz will prove to be a major beginning to the proper performance of "These are the laws that you shall place before them."
Rabbis in Midrash
Lessons
fast navigation
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)
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)
Re'e NEVER EXTREME EXCEPT ISRAEL
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)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
