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Ruling: When beit din is presented with a contract with an arbitration clause that appoints them, they have a right to assume that it is authentic. If there is a claim that it is not authentic or binding, legally, the decision can only be made by the government’s regional court. Def has a right to appeal to them.
If they do not and do not appear, may beit din judge in abstentia? According to the Bach, K’tzot Hachoshen, and Tumim (all in Choshen Mishpat, siman 13), there are times when a person can be judged in abstentia. According to the S’ma, Shach, and Netivot Hamishpat (ad loc.) this can never be done. The remedy for one who does not comply with a subpoena is to put him in niduy (a form of excommunication) (Shulchan Aruch, CM 11:1). However, it is not legally possible to do that nowadays in Israel. Rav Z.N. Goldberg has ruled that under these conditions, all agree that one can adjudicate in abstentia (based on Rama, CM 28:16, regarding testimony against a person). This is also included in the arbitration agreement’s clause of ruling according to Torah law, which nowadays includes compromise (see Rav Goldberg, in Dinei Borerut p. 264).
Because pl, his lawyer, and the dayanim came to beit din and waited for def, we are charging def 2,000 NIS in expenses, to be paid within 45 days. If def appear before beit din and can explain their absence, it is possible to rescind this charge, as is the case if they can show that they turned to the regional court. Otherwise, beit din expects to rule in abstentia based on the material pl has presented.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
665 - Did the Advisor Do Enough?
666 - Judging Someone who Refuses to Appear before Court
667 - Did the Owner Exhaust his Opportunities? – part I
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 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.
