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Case: The plaintiff (=pl) sent a k’tav tvi’ah (claim sheet) to beit din, who sent it to the defendant (=def), on 13/02/17. Pl sent an updated k’tav tvi’ah on 23/04/17, with a few additions. The first hearing was on 08/06/17. At the second hearing, on 30/10/17, def complained that the claims had been changed, arguing that this may not be done.
Ruling: The authority of an arbitrator (including a rabbinic one, like our beit din) is a product of the agreement of the sides. In this case, the sides had a contract whose adjudication clause stated that they would go to a rabbi for all disputes and he would not be limited by Israeli law, neither regarding content nor procedure. When the sides decided on our beit din, they signed our arbitration agreement. One of the clauses of that agreement gives beit din the ability to adjudicate
P'ninat Mishpat (829)
Various Rabbis
569 - Realtor’s Fee
570 - Expanding One’s Claims
571 - Bad Advice Causing Loss of Mortgage Rights – part I
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What does Halacha have to say about changing claims? If a litigant justified his position with a certain claim that ostensibly is one with which he can win the judgment, he can switch to another claim which also can win the judgment (Shulchan Aruch, Choshen Mishpat 80:1). If the first claim would cause him to lose the judgment, he cannot switch from it to another, winning claim. In the former case, he does not have to explain why he changed his claim, and he can even make the change after leaving beit din. However, this change is possible only if the claims were presented orally, but if either the litigant or beit din wrote them down, he cannot switch to a different claim (Rama ad loc. 2). The logic behind the distinction is that one is more careful in being exact when the claim is being committed to writing (Rashba, Bava Batra 31a). Therefore, it appears likely that the newly claimed facts are false.
While the last point seems to support def, it actually does not because pl did not retract one set of claimed facts and replace it with another. Rather, he added additional arguments and increased the monetary claims based on the original facts that he had presented. Halacha does not preclude this.
We are not bound by civil law on this point, but we will demonstrate that allowing the new k’tav tvi’ah is not included in the restrictions on harchavat chazit (lit., the broadening of the battlefield). Seder Din Ezrachi, provisions 91-92, allows adding onto the claims presented in the k’tav tvi’ah only with the approval of the court or the permission of the other litigant. However, legal literature indicates that this is on technical grounds because changing or adding onto the claims impairs the other litigant’s ability to prepare his defense. In this case, the new k’tav tvi’ah was presented well before the first hearing, so that there was plenty of time for def to prepare. Secondly, the changes do not alter the story significantly, but were mainly just a request for more money and actions based on the same basic set of facts.
Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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.
