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Case: Reuven sued Shimon for 100 maneh – 50 for direct damage and 50 for expenses to protect property that survived. The opinions of the three dayanim varied. One dayan exempted Shimon. Two wanted to obligate 50 maneh – one because of the direct damage; one because of the expenses. Do we say the majority obligated 50, or do we say that, on each element, a majority exempts?
Ruling: The querying rabbi believes that there is no obligation to pay, based on the following source. The Rama (Choshen Mishpat 25:2) says that when two dayanim agree on a ruling but for different reasons, they are considered a majority. One can infer that when they disagree on the rulings regarding each claim, then even if they have the same bottom line due to the different claims, we cannot obligate payment.
P'ninat Mishpat (829)
Various Rabbis
381 - Counting to Four Generations
382 - A Split Majority
383 - When Is The Debtor Rich Enough to Pay?
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Yet, we can still bring a proof to our thesis. The Rama’s source is the Maharik (40), who learned from Chulin 38a, which says that a majority of opinions says that a vegetable upon which blood sprayed during shechita is not fit to become tameh, even though the two opinions disagree regarding the ruling’s rationale. One can question the Maharik’s proof, as the discussion in the gemara (ibid.) is about Rabbinic-level tumah, where leniency is easier. Thus, regarding Torah laws, it is likely that holders of a "majority opinion" need to agree on the ruling’s reason, and this indeed seems to be the Rambam’s view (see Korban Pesach 5:2, with Kesef Mishneh; Temidin 8:19 with Lechem Mishneh; the Ra’avad disagrees).
It is strange that poskim do not quote the Rambam as arguing on the Maharik. How could the Rama rule as he did without a qualifying statement that not all consider it a majority regarding matters of Torah law? It is possible that the differing opinions of live people who rule the same on a matter count as two opinions. The Rambam and Ra’avad can be arguing when the opinions are taken from written sources (admittedly, the distinction should have been mentioned).
The Rama must have understood that the Rambam agrees that regarding monetary matters, the different opinions count because of the comparison to eidut meyuchedet (some questions of whether something is permitted or forbidden are like monetary matters; others are not). In this case, where the dayanim sit together in judgment on a monetary matter, their opinions can be combined. If they adjudicated on the two matters separately, each would have ended with an exemption. However, since, in this case, the two claims emanate from one situation, they can be adjudicated together, and Shimon should pay 50maneh.
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Return of Down Payment Due to War – part I
based on ruling 84044 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.
