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A dayan should be someone who finds chen and sechel tov (approximately, favor) not only in the eyes of G-d but also in the eyes of people (see language at the end of Birkat Hamazon). Therefore, the process of choosing a Rabbinical judge included receiving public feedback on the people whom the great scholars recommended as worthy scholars. That is the reason that someone could not be chosen as a dayan behind closed doors. Rather, the people had to be gathered and lend their approval. One whose characteristics and manners did not bring honor to His Divine Name should not be appointed. Because of the need for the appointment to be public, it was possible for the Romans to intimidate the people and thereby stop the continuation of semicha, as they would kill the people of any city in which it would be carried out (see Sanhedrin 13b-14a). A responsible, calm approach to the matter of adjudication is also included in this requirement.
The Rambam (ibid.) continues that we learn from "anshei chayil" (men of valor) that the dayanim must be strong in keeping mitzvot and discerning about their actions – conquering their evil inclinations so that nothing bad can be told about them. Included in this is that they have the bravery to save a litigant from someone who is trying to harm him. The Rambam gives two meanings to anshei chayil. One is that he fulfills, "Who is brave? One who conquers his inclinations" (Avot 4:1). The second is that he is not afraid of the consequences of taking a righteous stand.
It is clear that the Rambam did not mean to uproot the simple meaning of the term, i.e., one who has served in the army and has been brave in defending his compatriots from dangers, as this is what the term means throughout Tanach. The Rambam does not mention it because this application was not operative in his times. In our days, not serving in the army precludes one from being accepted among the entire community. That is the reason that, more than three decades ago, when we founded Eretz Hemdah, our mentor, Rav Shaul Yisraeli, made service in the army for all those who were obligated in the draft, as a requirement for acceptance to Eretz Hemdah. Serving in the regular army and continuing in reserve duty do not take any greatness in Torah away from our young rabbis; to the contrary, they only give greater meaning to this status.
Finally the Rambam explains "those who hate reward," as one who is not preoccupied with his finances and does not run after the accumulation of money. That is the reason that we set a consistent policy that any service we provide for the public is without demand of pay. This includes delivering lectures, officiating at weddings, and answering halachic inquiries. Despite the fiscal challenges, our fellows and their wives put all their stress on growing as broad scholars, not on accumulating a nice livelihood.
We hope that we will succeed in returning things to the way they once were, where the judicial system was our pride, with dayanim who care only about justice.
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: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
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The Month of Elul TESHUVA IS THE ANSWER
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)
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)
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
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
