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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.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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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.
