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Case: The defendant (=def) and the plaintiff (=pl) were embroiled in a dispute over real estate during the course of seven years in various levels of secular court. The final ruling was not to pl’s liking, and he refused to pay according to the judgment. As enforcement efforts significantly raised the amount due, pl began writing extremely inflammatory letters against def (pashkivilim). Pl spread over 10,000 copies in strategic places throughout the country in which he felt it would hurt def. Def sued pl for defamation, and the matter arrived for adjudication at our beit din. The arbitration agreement with which they empowered Eretz Hemdah-Gazit related specifically to the matter of defamation and not to the original monetary dispute. During deliberations, pl complained about the fact that he was sued in secular court and now demanded that beit din rule that def had acted against halacha in so doing. Def said that after seven years of adjudicating in secular court without complaining about the venue, pl cannot complain at this point or use it as an excuse to justify his defamation campaign. Beit din said that due to the limited nature of their present arbitration agreement, if pl wanted to extend the scope, he would have to open a new case. He did so, and def declined to take part in it, prompting the involvement of a special tribunal of three heads of branches of our beit din to deal with this matter of precedent regarding the scope of Eretz Hemdah-Gazit’s judicial mandate.
Ruling: The activity of the network of rabbinical courts "Eretz Hemdah-Gazit" is intended for two purposes:
Bemare Habazak - Rabbis Questions (654)
Rabbi Daniel Mann
257 - How Many People Together to Start Shemoneh Esrei? – part I
258 - Meaningless Suit
259 - To Whom to Sell One’s Apartment?
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2. To give one side halachic permission to turn to the state courts or to defend himself and raise legal claims in response to a suit in state courts in a case where the other party refuses to adjudicate in beit din.
It follows that Beit Din Eretz Hemdah-Gazit will act in a case where one side does not agree to adjudicate and there is a possibility of seeking remedy in state court. However, if it is not possible to adjudicate in secular court, we will not get involved in a case lacking the agreement of both sides to involve us.
In the case before us, the state courts have already given a final ruling (after appeal), so there is no possibility of turning to them at this point. Therefore, we will not act on the suit unless the two sides agree to accept our jurisdiction in the matter.
[Ed. note – this is not to say that no beit din has a halachic right to visit the issue and decide regarding claims of if and when one can sue in beit din after losing in secular court. The point is that the policy of our particular beit din is to work only in matters covered in the Law of Arbitration, which are thus enforceable.]
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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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.
