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Beit Midrash
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The obligation to establish batei din of those who are ordained to serve as religious judges is one that singles out Eretz Yisrael. This is the site of the Great Rabbinical Court, the court of 23 and many simple courts of three spread throughout the Land.
What are the characteristics we demand for each dayan, a matter that we hammered out with the guidance of Harav Shaul Yisraeli z.t.l.? And how do they find expression in who we invite to join Eretz Hemdah’s program, whose participants are trained to serve as dayanim?
The Rambam (Sanhedrin 2:1) writes that to be a member of a Sanhedrin, men need to be "smart and wise, exceptional in the wisdom of the Torah, possessing great knowledge." It is obvious that in order to be a dayan, one needs broad and deep knowledge of Torah, i.e., Shas and poskim. That is the reason that our program includes the study of all of Seder Nezikin and the Choshen Mishpat section of Shulchan Aruch, as well as Seder Nashim and the corresponding Even Ha’ezer section of the Shulchan Aruch.
However, ability to master these materials is insufficient to be fit to serve as a dayan in our understanding. Notice how many adjectives the Rambam (above) uses for the intellectual qualifications of the dayan: smart, wise, …
In describing the investigation that a kohen did into a person’s tzara’at, it twice mentions seeing within the same time frame (see Vaikra 13:3). What is the difference between the two seeings? The Meshech Chochma explains that the first one is to evaluate if the lesion is one that identifies as tzara’at. The second one, he argues, is to see if the person is in the situation to be declared a metzora. For example, if he is a new groom or if it is a holiday, it is not the opportune time to declare him impure, as it would contravene the concept that the Torah’s ways "are ways of pleasantness." The kohen must take a good look at the person upon whom he is passing judgement.
The Meshech Chochma’s idea is another reminder that book-knowledge is a condition for many things including dayanut, but it is not sufficient. One must turn the Torah into a Torah of life by seeing things more deeply and in additional dimensions.
The Rambam continues that the dayan needs to know a little about the rest of the areas of knowledge, such as medicine, mathematics, and astronomy. These too are necessary for one to have the title of Yadin Yadin. Furthermore, the Rambam mentions that knowing foreign languages is also valuable for the dayan. Nowadays, someone who is fluent in English can communicate effectively with most people in Israel who do not speak Hebrew. Since in the Rambam’s time there was no such language, he was more stringent and required knowing most of the languages. In any case, a great portion of the Eretz Hemdah’s dayanim are fluent in a language other than Hebrew and have an academic degree.
We pray that Eretz Yisrael and Eretz Hemdah will be praiseworthy for having more and more dayanim who sanctify His Name, and can connect heavens and earth through a Torah "whose ways are ways of pleasantness."
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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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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
