YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Case: [Due to the case’s sensitivity, we will omit a lot of the background.] The defendant (=def) insulted plaintiff (=pl) in a public interaction, saying that pl is "mitasek im ketinim" (approximately – fools around with minors). Def downplayed the statement’s severity, and did not disavow or prove the subject of the insinuation. Pl initiated litigation, and when def showed initial reluctance to cooperate, pl gave letters to members of the community accusing def of refusing to come to beit din. Actually, def had refused to go to a specific beit din but agreed to go to another.
P'ninat Mishpat (829)
Various Rabbis
457 - Backing Out of a Rental for an Excellent Reason – part II
458 - Steps to Deal with Mutual Motzi Shem Ra
459 - Payment for a Teacher’s Increased and Decreased Work
Load More
The Rama cites a machloket whether there is an obligation to pay when a statement can be interpreted in different manners. We follow the Maharshal (Bava Kama 8:52) that it depends how the normal person takes it, and that it can apply to hints and not only to explicit statements. There is also a difference between making claims of concrete aspersions and between general insults (Chavot Yair 65). This is because the social urgency to stamp the practice out is more pressing regarding real aspersions. Just as one cannot allow verbal abuse to go unchecked, one can also not allow litigation on every insulting statement one says to another. The proper thing in such cases is apologies.
Pl’s statement, concentrating on the wording ("minors") and the context (trying to "put def in his place"), imply claims of criminal wrongdoing. Def did not indicate that he knew the insinuations are true (in which case, we would urge him to go to the police), but it is still severe.
Pl also defamed def. Pl claims that it was because he was riled up after being insulted. We do find sources that when one is attacked physically or verbally and responds in kind, the one who reacts is exempt (see Rama, CM 421:13) because of self-defense and an uncontrollable anger. However, this cannot be applied here because pl’s action took place weeks after def embarrassed him.
While beit din does have the authority to levy financial payments on the side(s), we do not believe that this is the most appropriate step. Rather, public apologies are. No monetary damage was caused, and the process at beit din and the public apologies will be ample deterrents that this behavior will not repeat itself. While apologies are due on both sides, they are not equal. Pl was humiliated by def over a severe claim without cause. In contrast, pl made a claim against def incorrectly but within the seeking of justice. Therefore, the language of the signed letter of apology and clarification to be put up in the local shul by def will be stronger in language than pl’s apology (beit din provided both texts). Also, def’s letter must remain for two weeks, whereas pl’s letter will only need to appear during the course of one Shabbat.
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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.
