YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- Parashat Hashavua
- Torah Portion and Tanach
- D'varim
- Shoftim
The parasha begins with a charge to appoint judges and officers of the court, and commands the judges to rule the people with mishpat tzedek (approximately, righteous justice). They must not skew the judgment, show favorites, or take bribes, which blind even the wise judge (Devarim 16:18-19). While defining bribes is relatively straightforward, what is "mishpat tzedek"? We will learn today a halacha from the Shulchan Aruch that will give us an insight into how to accomplish this high level of justice.
The Yerushalmi (Sanhedrin 3:8) says that the dayan must repeat the claims of the litigants, as we learn from Shlomo who repeated: "This woman says, ‘This is my live son and your son is dead’…" (Melachim I, 3:23). When the Shulchan Aruch (Choshen Mishpat 17:7) cites this halacha, it adds that the "dayan should hear … and repeat." What is the significance of hearing, which he adds – is it possible to know what to repeat without having heard in the first place? Perhaps he is hinting that Shlomo Hamelech is not the only source, but that this idea is a fulfillment of the pasuk from the Torah: "Hear between your brothers and judge righteously …" (Devarim 1:16).
The S’ma (17:15) offers two reasons for this halacha. 1) It is logical to put each litigant at ease that his claims were understood properly. 2) Perhaps the dayanim actually did not understand properly, and when they repeat the claims, the litigant(s) can correct them. Thus, the first explanation is psychological, while the second is a practical concern (see also Bach and Ptichei Teshuva ad loc.).
We want to suggest another benefit of repeating the main claims, which we have arrived at by means of years of experience we have accumulated, b’ezrat Hashem, in the beit din. One of the problems that force the litigants to come to beit din and not work matters out themselves is the problem of listening (i.e., lack thereof). Because they do not truly listen properly to the other side, they think that only their own side has real merit, and under such circumstances, they are indeed unable to come to an understanding and a solution. Negative feelings fuel this phenomenon, and they have several negative impacts. Sometimes the first real opportunity to listen is when sitting in beit din and the other litigant has the turn to speak, and even more so when the dayan gives import to those claims when he repeats them. In order to do the job properly, the dayan has to give a good example and listen well himself. When the dayan has "Heard between his brothers," then he will have a good chance in the next stage of "and judge righteously …"
During these days, when we hear each morning the blowing of the shofar, it is a good time to encourage ourselves to always be sensitive enough to listen carefully one to another. This is one of the best recipes for an atmosphere of peace and truth between peers.
Rabbis in Midrash
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.