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Case: On the way in to a beit din hearing, one of the litigants found and returned the lost object of one of the dayanim. Does that disqualify the dayan from adjudicating in his case?
Ruling: The querying rabbi cited the Tumim (34:18), who compares the disqualification due to a concern of "bribery" to the case of what Reuven is allowed to "receive" from Shimon when Reuven is forbidden due to an oath to receive benefit from Shimon. The Tumim says that in cases in which it is not halachically considered receiving benefit regarding the severe laws of oaths even though one is involved in putting the other in a more advantageous position, it is certainly permitted regarding the less severe laws of concern of indirect bribery. Shimon is allowed to return Reuven’s lost object despite the oath that Reuven may not benefit from Shimon (Nedarim 33a). The logic is that the returner of a lost object is not doing a favor for the owner but is simply following Hashem’s mitzva. Thus one can argue that if a litigant returns a lost object to the judge, the judge is not disqualified.
However, it seems simple to me that it is forbidden for the dayan to act as a judge in this case, although it is possible that this is just as a stringency. This contention is based on a comparison to a case in the gemara (Ketubot 105b). It tells of a dayan who disqualified himself because his sharecropper made his payment a day earlier than required when coming before the dayan/field owner for a hearing even though he was only receiving that which he deserved. Similarly, the gemara tells of Shmuel disqualifying himself because a litigant outstretched his hand to him before a hearing. One could have said that the litigant was not doing a favor to Shmuel but observing the mitzva to show respect to a talmid chacham (see Yoreh Deah 244), and yet Shmuel recused himself. There is a machloket whether these disqualifications were by law or based on chumra.
It seems that the Tumim’s leniency applies only to "late bribery," i.e., benefits that a litigant provides for a dayan after a ruling has already been handed down (see Sanhedrin 27b with Rosh). Just as there is a Rabbinic prohibition against taking voluntary interest even after a loan’s repayment is complete, so too it is forbidden to receive payment from a litigant after the ruling. In that context the Tumim stated his leniency to allow borderline benefits that are not considered benefits in the context of oaths. However, regarding benefits before or during the judicial process, which is a question of a Torah violation and in a setting in which warming of feelings between the two could affect the dayan’s judgment, it does not help that such benefit is permitted concerning oaths. For example, is it possible that a litigant can teach a dayan’s children or pay off his loans (see Nedarim 38)! Such matters are inconceivable when we consider some of the minute things that the gemara says disqualify a dayan. Although the language of the Tumim seems to indicate that he is referring to benefits provided before a ruling, there are indications of textual problems in this Tumim. In any case, it is impossible to be lenient in such a case.
P'ninat Mishpat (831)
Various Rabbis
355 - Historical View of Rav Mordechai Yaakov Breish (Chelkat Yaakov)
356 - Disqualifying a Dayan for Having His Lost Item Returned
357 - Taking Guarantees from Parties to Assure Mutual Participation
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based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
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)
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)
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)
Rabbis in Midrash
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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)
(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.
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.
