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Beit Midrash
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- Bemare Habazak - Rabbis Questions
Answer: Our policy is based on the Rama (Choshen Mishpat 17:5, based on the Rashba III:98 and the Rivash 179). The Shulchan Aruch (ibid.) says that one may not listen to the claims of one litigant while the other side is not present. The Rama says that this refers to one who is a dayan in this case. However, he continues that a talmid chachamshould never express even a tentative opinion ("if indeed …") on a case without hearing both sides.
The first reason cited is that the presentation might teach the litigant which claims to make, including false ones. Our contemporary experience teaches us the following. While the sources speak of falsehood, it is not limited to premeditated lying, but includes describing the nuances of a gray situation in a slanted manner. Even honest people can do this under the pressure of litigation, where significant money and stature are on the line.
The Rama also explains that due to what surfaces in the trial, the ruling may appear to contradict the talmid chacham, which could discredit him. We note that the concern is not just for the non-dayan’s credibility. Our beit din’s staff have received post-ruling complaints: "I asked my rabbi about the case, and he said beit din was wrong, so thedayanim are either incompetent or biased." Of course, two rabbis can have different views without either being incompetent or biased, which is why we bother having three dayanim. The disgruntled litigant does not care that we heard and interrogated both sides and spent dozen of hours analyzing and researching, while he may have asked his rabbi while he was folding up his tefillin. (Since we offer an option of appeal (with an added fee to avoid it being automatic), we do not object to a litigant showing our ruling to a talmid chacham for his advice on whether it is worthwhile to appeal.) The point is that even provisional statements made prior to adjudication can be used by otherwise respectable and respectful people to decide that they are right and that there is something wrong with anyone (litigant, dayan, or whoever) who does not agree with what they understood from what they were told.
Our experience makes us concerned about another issue that the Rama does not discuss (it is likely that he was not addressing that case – see part II). There are times that the sides prefer to avoid the trouble of litigation, which we applaud on fundamental and practical grounds. The well-intentioned "non-litigant" may ask us or another rav the question, as he honestly but subjectively sees it, and may even be willing to inform the other side if we said he was wrong. However, if we answer that "based on your description, you are right," since he knows that he is not a liar, he is likely to say, "I asked a dayan, and he said I am right." Now, the other side is at a disadvantage. Is he to question thedayan or call his neighbor, friend or business partner a liar? Will he know and choose to say: "If the dayan did not hear me describe the case inmy own words, he could/should not have said, ‘You are right’"?
Bemare Habazak - Rabbis Questions (654)
Rabbi Daniel Mann
217 - Payments Due from Exiting a Rental
218 - Answering Monetary Questions – part I
219 - Answering Monetary Questions – part II
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Next week we will discuss some exceptions to this rule.
Bemare Habazak - Rabbis Questions Ask the Rabbi: Forgot to Remove Tefillin Before Musaf of Rosh Chodesh
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.
