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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.
Igrot Hare’aya Excitement over a Friend’s New Newspaper – #319
Date and Place: 4 Menachem Av 5670 (1910), Rechovot
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)
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
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)
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
