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We will now try to explain in brief why the halachic system of litigation is preferable to the adversarial system, which is practiced in the government courts in Israel (based on the model of the British system). One of the advantages of our system relates to the "weaker party."
Our halachic system is based on an investigation of the claims carried out by the dayanim. They are the ones who ask questions of the litigants and, of course, the witnesses and the experts who are brought in to help clarify the truth. While we allow lawyers and rabbinical lawyers, their impact on the ruling is miniscule. It is the dayanim who call in an expert witness to give a professional report on, for example, an engineering issue regarding a building dispute or an accountant regarding a case of a retirement fund. Beit din is the one who pays these experts (through money it collects for this purpose from the sides). This is cheaper than the sides hiring experts to support their side, and, more importantly, it arms beit din with a reliable opinion from an objective source.
In an adversarial system, the lawyers interrogate the two sides, as well as the witnesses. When there is a need for an expert, each one hires one to provide corroboration for his case and pays him to be subjective in his favor. While the judge oversees the case, he is not permitted to investigate himself.
Therefore, in the British system, the quality of the lawyer has a tremendous impact on the case’s result. If one side is rich enough to afford a more expensive, which usually means more capable lawyer, or a more convincing expert, it gives him a tremendous advantage. When beit din runs things, it can ensure equal footing for the two sides, which is a net advantage to the poor person. Thus, one can help the poor without giving them an advantage, just by holding down the disadvantage.
We end off with a midrash that connects Parashat Mishpatim to Parashat Yitro and stresses the importance of a proper judicial system in our lives as servants of Hashem: "Parallel to the Ten Commandments, Hashem gave ten negative commandments regarding jurisprudence… and since Hashem commanded Moshe about jurisprudence, therefore all of the prophets spoke and warned Israel about them" (Pesikta Zutrata, Shemot 20:23).
We pray that our beit din network, Eretz Hemdah-Gazit, will sanctify Hashem’s Name in all that it does and will hold an ever-stronger place in the legal apparatus of the State of Israel and the Jewish Nation.
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)
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)
Rabbis in Midrash
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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)
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)
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
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.
