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Case: Reuven and Shimon had a dispute, and they decided to adjudicate by each picking a judge (Levi and Yehuda), with the stipulation that they could rule based on din (strict law) or peshara(compromise). They agreed (in writing, with a kinyan for finalization) that if the two could not agree on a ruling/settlement, they could pick a third of their choice ("whoever it might be") to enable a decision. Levi and Yehuda indeed did not agree. They chose Dan according to the above instructions. After a ruling was rendered, Reuven objected, with the claim that he found out that Dan is Shimon’s relative, to which he would not have agreed. Shimon claims that since Dan was accepted and since the instructions were that it could be anyone, this includes even relatives.
Ruling: The most likely reading of the instructions is that the extra language of "whoever it might be," in regard to choosing the third dayan,includes even relatives. However, it has become accepted that we make inferences from extra language only for language that is discussed in the Talmud (see Beit Yosef, CM 61), which is not true in our case. (There are some opinions that we can make our own inferences based on vague language in certain cases.)
P'ninat Mishpat (829)
Various Rabbis
371 - Introduction and Biography of the Noda B’Yehuda
372 - A Third Dayan Who Was a Relative
373 - Offsetting Obligations of a Deceased
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It would seem that if Reuven and Shimon presented their claims before Dan and did not object at the time, then it shows that they intended to accept anyone chosen by Levi and Yehuda, including relatives (as the arbitration agreement’s language implies). Furthermore, since Reuven did not object until after the ruling was given, it is too late.
If the litigants did not stand before Dan and make their claims but Levi and Yehuda relayed them, then anyway the ruling would be inappropriate (see Shulchan Aruch, CM 13:6). However, further investigation of the arbitration agreement shows that Reuven and Shimon authorized not presenting the matter themselves before the third arbitrator. The question of whether Dan being a relative is a problem thus remains. It seems that if the ruling was to extricate money, the ability to do so is not sufficiently clear, but it is strong enough to uphold a ruling to exempt the defendant.
Careful reading of the question shows that Levi and Yehuda did not themselves realize at the time that they chose Dan that he was a relative. Therefore his appointment by those who were authorized to choose him was based on a mistake and was invalid, and therefore the ruling is invalid.
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: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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.
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.
