YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- Parashat Hashavua
- Torah Portion and Tanach
- D'varim
- Shoftim
Our parasha opens: "Judges and officers you shall appoint in all of your gateways … and they shall judge the nation a judgment of justice" (Devarim 16:18). Consequently, the Torah commands us to have a set court apparatus, with a cadre of dayanim ready to serve, and from them three judges will be chosen for each case.
In this short piece, we will not explain all of the logic behind how our administration assigns dayanim for each case. Certainly, the overall consideration is how best to serve the public and make it possible to arrive at a just judgment.
The mishna (Sanhedrin 3:1), though, describes another means of putting together a beit din panel of three. "This [litigant] chooses one, and this [litigant] chooses one, and the two [litigants] choose another one. These are the words of Rabbi Meir. Chachamim say: the two dayanim choose the third." We rule like Chachamim, that it is the two dayanim who choose the third (Shulchan Aruch, Choshen Mishpat 13:1). We often refer to this system by roshei tevot – zabla. The gemara (Sanhedrin 23a) explains the advantage of this system: "since … the ruling will come out truthfully." Rashi explains the gemara’s intention: "Because the litigants will listen to the ruling. Each will say: ‘the person I appointed certainly raised every claim that can be made for my position.’ And the judges also will find it easier to look for the strength of each position because each litigant chose them." Rashi seems to be saying that there are two separate reasons. Tosafot (ad loc.) writes that the simple reading is that due to this system, there will indeed be balance in the attempt to look for arguments for each side.
The Rambam (commentary on the mishna) implies that it is the third dayan who will not see things along the lines of one litigant over the other. However, it is difficult to say that the other dayanim are to show any sort of favorites. Rather, the halacha is taking into consideration the leaning toward the side who flattered him by choosing him as a judge. However, it is each dayan’s job to try to overcome this, and it is the job of the third judge to make sure this is happening.
Despite the above, these issues have to turn on a warning light: a system that chooses judges based on zabla must not have a situation in which one of the judges sees himself as a representative of the one who chose him. We should not allow a situation in which these dayanim receive payment from one litigant or that there will be ex parte communication between them. In our beit din, it is the administration which chooses the dayanim without input from the sides. (Only in very special cases, where there is no choice, are the litigants allowed input.)
Let us pray that we will succeed in fulfilling the commandment to appoint properly and judge properly.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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.
