YeshivaThe torah world Gateway Beit Midrash
Beit Midrash
- Torah Portion and Tanach
- Shmot
- Mishpatim
- Sections
- Chemdat Yamim
- Parashat Hashavua
The echoes from the big dispute that accompanied the establishment of the Israeli Chief Rabbinate and the Rabbinical Courts reverberate to this day. It started between the rabbis of Yerushalayim and those of Yafo, and it turned into a machloket between supporters of the Chief Rabbinate, founded by Rav A.Y. Kook z.t.l., and opponents, led by Rav Chaim Zonnenfeld z.t.l.
One of the results of this machloket is the Chief Rabbinical Court in Yerushalayim’s policy to not intervene, in most cases, in the rulings of regional batei din. Even in cases where the upper court agreed with the appeal, they would return the litigants to the original court rather than reverse the ruling themselves. (The last few years have seen an attempt to change this, but there has been no explicit announcement of a policy change.) The result has been that every tribunal, consisting of respected dayanim, rules according to its understanding of halacha, with no system-wide binding policies. Such policies would enable the system to run in a manner that people would know in advance the principles that are employed.
The lack of this uniformity seems to be against the guidance of Chazal in their comments on the opening of our parasha (Shemot 21:1, referring to the judicial system): "These are the statutes that you shall place before them." In the Mechilta D’Rabbi Yishmael, Mishpatim 1, Rabbi Akiva teaches the extent of the presentation of Torah laws. We learn from "… and teach Bnei Yisrael, place it in their mouths" (Devarim 31:19) that the teaching process should not be limited to being taught once but should be repeated until the material is learned. From our pasuk, he learned that the laws should be taught until people actually know the material clearly – "arrange it as one sets a table."
The lesson is clear. The Jewish judicial system needs to be clear and understood. All who want to use it should know what halachic rules "make it tick." It is true that to be an expert in Choshen Mishpat (the section of the Shulchan Aruch on monetary law), one needs to dedicate many hours a day for many years. Only a few brave souls (with brave-souled wives) live up to the challenge. However, it is still important that the broad public, and certainly the lawyers and toanim rabbaniim who help litigants, should understand the rules that are the underpinnings of the beit din system they approach. Therefore, action must be taken to make these as transparent as possible as soon as possible, so we can fulfill that which Rashi says on our topic: "place before them like a set table, which is prepared for a person to eat."
Every year, the Eretz Hemdah-Gazit network, along with Mishpetei Eretz, assemble the heads of the batei din and the dayanim from throughout the country to discuss pertinent fundamental questions. We publicized a summary of the conclusions of these discussions on the beit din website.
Let us pray that we will soon merit the complete fulfillment of the prophecy of a judicial system which all can appreciate: "I will return your judges as originally and your advisors as initially. Then you will be called the city of justice, the reliable town. Zion will be redeemed with justice and its returnees with charity" (Yeshaya 1:26-27).
Lessons
fast navigation

Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.

Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.

Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!

Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.

Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.

Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.

Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.

Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.

















