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[Reuven possesses a contract that obligates Shimon to pay him a certain amount of money and the place of the payment is to be where Reuven lives (Shimon lives in a different town). The two need to adjudicate about the payment, and Shimon wants to do so in his city, based on the standard rule that the place of adjudication follows the defendant (Rama, Choshen Mishpat 14). Reuven says that since the place of payment is specially designated to follow his place, so too this should require Shimon to also adjudicate there.]
One case in which the defendant must adjudicate in the beit din which the plaintiff chooses is when that beit din is particularly distinguished, even if that place is also more convenient for the plaintiff than for the defendant. The reason is that "the borrower is a slave to the lender." If so, it is strange that the plaintiff usually follows the defendant.
Apparently, we follow the place of the defendant when the plaintiff does not have witnesses or apparent proof that his claim has merit. We find this basic distinction regarding going to the distinguished beit din, as the Shulchan Aruch says that he cannot force the defendant to go with a hollow claim. In this case, when there is a document which ostensibly justifies Reuven’s claim, he is considered to have strong basis for his claim, and the case should be held where the plaintiff demands.
Another factor is the fact that the contract says that the payment will be in the location of the receiver of the payment. We find that this type of statement impacts on related halachot. Specifically, the gemara (Ketubot 110b) says that if a contract mentions Bavel, we assume the payment is to be done with Babylonian coins. In other words, it is considered that he accepted this arrangement upon himself. It would seem that in our case if he promised that he would make payment in Reuven’s place, certainly he was willing to adjudicate there. [In days of credit cards and bank transfers, it is unlikely this comparison would have been made.]
There are many opinions that not only can a lender force a borrower to adjudicate in a distinguished beit din, but any plaintiff can, because he would not waste his money to sue if there is nothing to his claim. However, the plaintiff cannot make the defendant adjudicate in the plaintiff’s location because there he does not have to waste his money to go to beit din. However, in the case of an actual loan, the idea that the borrower is considered like the "lender’s slave" applies even when the other logic does not apply. This should justify the case being heard in the apparent lender’s location.
Another reason to not apply here the Rama’s rule is that the minhag was that whenever there was a local beit din, one could never make someone go elsewhere even to a better beit din. However, in our case it seems clear that the defendant would have to follow the plaintiff to his local beit din.
P'ninat Mishpat (829)
Various Rabbis
307 - Payment of Din Torah Award by a Litigant’s Orphans
308 - When the Defendant Goes to the Plaintiff’s Place
309 - Bank Notes Lost by Paid Messenger
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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: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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.
