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We will try to explain with the help of the words of one of the great rabbis. Every dayan is bound by the rules of jurisprudence and Halacha, as they appear in the works of Chazal, and brought as halacha by such poskim as the Rambam, Tur, Shulchan Aruch, and their commentators. This is agreed among all observant Jews. However, this is apparently not sufficient – the judicial system has to also convey a message of honesty and justice. Let us give an example from a ruling from Eretz Hemdah’s court system (the full ruling can be found on our website):
A man had signed a rental agreement. The rental period ended, and a new contract was not signed. At first, the landlord agreed that the rental would continue without a contract. After a year, the landlord requested of the renter to vacate the apartment because the landlord wanted to live in it himself. The renter presented various strange claims to justify his refusal to leave, while he continued paying rent. The landlord sued for penalty payments for refusal to vacate, as had been spelled out in the original contract. The renter claimed that this provision does not apply to him because that contract lapsed.
The Shulchan Aruch (Choshen Mishpat 312:9) rules that if the parties did not negotiate after the contract was over and the renter stays in the house, we assume the intention was to continue with the old conditions. Later (ibid. 14) he rules that if the renter stayed for even one month, he is required to stay for a whole year (when that was the original rental period). In other words, not only the rate of rent stays the same, but other conditions as well.
The Rama (CM 333:8) discusses a similar situation of continuing a business relationship without negotiation, regarding employment. He says that if they renewed the agreement without mentioning its details, the conditions continue, but if he continued working without any discussion, the worker is not entitled to his original privileges. Does the Rama argue on the Shulchan Aruch above? We will cite an idea of the Netivot Hamishpat whose importance Rav Yisraeli stressed. Only regarding continuing in the house, in which if there is no agreement the renter is a thief, do we say that the renter continues to obligate himself. In other words, Halacha has to work with the assumption that when the alternative to agreement is that someone finds himself in an unethical situation, the pursuit of just judgment means that we have to assume that the ethical solution is the correct one.
At the time of Mashiach, a major part of the world leadership that we will be able to achieve is not only in the spiritual realm but also in adjudicating between the nations. This is described as leading to turning swords into plowshares (Yeshayahu 2:2-4). May we merit not only to see it but also to help it occur.
Rabbis in Midrash
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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.
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.
