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Beit Midrash
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One of the areas in which Eretz Yisrael is unique is the appointment of batei din staffed by dayanim with authentic semicha (which no longer exists). There was a central beit din of 71, which sat in the Beit Hamikdash complex, batei din of 23, which could handle cases of corporal punishment, and there were batei din of three in all cities.
Let us discuss the characteristics that are required for each dayan, according to the guidelines set for us by our mentor, Harav Shaul Yisraeli z.t.l. and how this impacts on the choice of rabbinic fellows for Eretz Hemdah’s program to produce rabbinical judges. The Rambam (Sanhedrin 2:1) rules: We appoint to the Sanhedrin (high rabbinical court), whether the grand one or the smaller one, only men who are knowledgeable and wise, who excel in the wisdom of the Torah, and have great wisdom."
It is clear that the first, necessary condition to receive this ordination is to have deep and broad knowledge of Torah, specifically in Shas and poskim. That is the reason that Eretz Hemdah’s curriculum covers all of Seder Nezikin and the Choshen Mishpat section of Shulchan Aruch and Seder Nashim and the Even Ha’ezer section of Shulchan Aruch.
However, this is not enough. Notice that the Rambam (ibid.) mentions: knowledgeable, wise, excellent in the wisdom of the Torah, and who have great wisdom. Aren’t these redundant?
The Torah, in discussing the laws of tzara’at afflictions, mentions the kohen’s coming to see it twice (see Vayikra 13:3). What is the difference between the two inspections? The Meshech Chochma suggests that the first inspection determines whether there are physical grounds for the affliction to be defiling. The second one is whether the circumstances are proper for him to be rendered impure, as we do not do this to a groom during Sheva Berachot or people during the Jewish holidays. This is based on "Its ways are the ways of pleasantness." We learn from this how such considerations impact a ruling. This turns the Torah into a "Torah of life," which requires the dayan to have a broad perspective.
The Rambam continues in presenting qualities of a dayan. He says that they should "know a little bit about non-Torah areas of wisdom, such as medicine, mathematics, and astronomy." He believes that scientific and general knowledge are crucial characteristics of the complete dayan.
The Rambam also says that knowledge of foreign languages is crucial. Nowadays, one who is fluent in English can understand most people who will come his way even if they do not speak Hebrew. Apparently, at the time of the Rambam, there was no universal language, and therefore he was more demanding (most languages). Therefore, a high percentage of Eretz Hemdah-Gazit’s dayanim have broad knowledge, fluency in a foreign language, and even an academic degree. Let us pray that Eretz Yisrael/Eretz Hemdah will be able to unite heaven and earth and thereby sanctify Hashem’s Name through a knowledge that "its ways are ways of peace.
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)
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Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
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The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
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)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
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.
P'ninat Mishpat 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)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
