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Case: The plaintiffs (=pl) sued the defendants (=def) in our beit din. They sent a claim sheet stating that they bought an apartment, including paying for it and moving in years ago, but def have refused to have their ownership registered. (The apartment is in a neighborhood in which individual ownership is not registered in the Tabu; owners are members of a group ownership of the land). The sales contract between the sides states that all adjudication related to the sale will be at Eretz Hemdah. The claim sheet was sent by registered mail to def, and someone who called and presented himself as one of its members asked for information about the beit din. After a period in which beit din received no correspondence from def, beit din set a date for a hearing. The beit din secretary called the listed number of def’s main member multiple times and left messages about the hearing with a wife and a daughter. On the day of the hearing, someone who identified himself as def called to say he would not take part and that beit din could not rule in his absence. Pl came to the hearing and asked that beit din rule without hearing def’s claims and charge for legal expenses.
P'ninat Mishpat (832)
Various Rabbis
469 - Disputes Between Neighbors over Rights in a Building – part II
470 - Lack of Participation
471 - Obligation to Enable Registering a Purchase – part I
Load More
Acharonim debate to what extent beit din is prevented from ruling without hearing one of the sides. According to the Bach (CM 13:8), Tumim (13:4), and K’tzot Hachoshen (13:1), under certain circumstances it is possible to hear the case from one side. According to the S’ma (18:13), Shach (CM 13:8) and Netivot Hamishpat (Chiddushim 13:8) it is never possible to do so.
Classically, when one refuses to come to beit din, he is to be put in niduy. But since we cannot do niduy in our times and there is little beit din can do to force someone to adjudicate even if he committed himself to that beit din, the question of adjudication in abstentia resurfaced.
Our mentor Rav Z.N. Goldberg ruled that one may rule under such circumstances in abstentia, just as at times it is possible to accept witnesses not in front of a litigant (Rama, CM 28:16). The sides’ contract states that Eretz Hemdah will rule according to din Torah, which nowadays includes peshara, and this allows beit din to rely on opinions such as that of Rav Goldberg. Therefore, we have the right to rule even if def does not come.
The refusal of def to come to adjudicate caused pl damage. As of now, we obligate def to pay 2,000 shekels for not coming to the hearing. We give def the opportunity to come and claim that their missing the hearing was justified. In the meantime, pl should provide evidence to support their claim, and if def does not contact beit din to arrange another hearing, beit din may rule based on the evidence that pl presents.
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
