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Case: The plaintiff (=pl) sued the defendant (=def) in beit din for causing a traffic accident that damaged his car. Def says that he is not a party to adjudication, as pl can sue his insurance company, who accepts responsibility for damages, but pl wants to sue def personally. Def complains that since the insurance company rejects adjudication in beit din, any award made in beit din will have to come personally from him.
Ruling: Should pl have wanted to sue the insurance company, who see themselves as the defendants in such cases, directly in secular court, he would be allowed to do so because these companies consistently refuse to adjudicate in beit din (see Kesef Hakodashim 26:1). After pl sued def directly in beit din, can def deflect pl to the insurance company and thus to secular court? While we understand def’s desire to not lose insurance coverage, is that grounds to prevent pl from suing him in beit din?
Bemare Habazak - Rabbis Questions (654)
Rabbi Daniel Mann
263 - Using Notes Taken on Shabbat or Yom Tov
264 - Suing for a Car Accident in Beit Din or in Secular Court
265 - Does a Chatan Daven with a Minyan?
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Does this custom have halachic validity, considering that a custom to go to a non-Jewish court is invalid (Shulchan Aruch, Choshen Mishpat 26:3)? The S’ma (ad loc.) points out in that context that according to the Rosh, if sides made a kinyan obligating themselves to go to non-Jewish court and there are rights that one can receive only there, it is permitted to go. Our case of an agreement with the insurance company is similar, despite the distinction that the agreement is not between the litigants. Other Acharonim differ whether to accept the S’ma (Netivot Hamishpat 26:10) or not (Taz, Aruch Hashulchan) or whether it depends if the kinyan was made before or after the dispute arose. While generally we would not rule based on this S’ma, we can use it to justify the minhag.
The Maharshach (II:229) similarly justified the minhag to adjudicate before arbitrators of a professional group because the sides interacted based on that assumption. While there is a difference in that there, the adjudication is a result of an existing agreement between the sides and here the nature of the adjudication is about independent damage payments, the principle is still applicable.
The existence of insurance to cover people who lack the ability to make large payments without financial collapse is positive. If religious people would be prevented from using them due to a prohibition to go to secular court, this would cause great damage to the community. This will change only when there will be insurance companies that allow adjudication in beit din.
Furthermore, a reason given for the prohibition of going to secular court is that it gives it seniority over beit din (see Rashi, Shemot 21:1). This does not apply to def, who would adjudicate in beit din if it would not cause him great loss. This is similar to the gemara’s (Gittin 44a) permission to go to non-Jewish court to avoid great loss (see also, Rav E. Bazri in Orayta 17).
Therefore, we cannot require def to adjudicate in beit din. Pl may receive from the insurance company any award made by the court, since the company accepted upon themselves to pay under such circumstances (see Darchei Hora’ah, vol. V & VI).
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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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.
