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One of the most important rules in monetary Halacha is hamotzi mei’chaveiro alav ha’re’aya (see Mishna, Bava Kama 3:11). Whoever is in possession of the money in dispute has a strong advantage over the one who is trying to claim it away from him. Therefore, the plaintiff needs to bring proof, because if a doubt will remain, the defendant will win in very many cases.
The Rama (Choshen Mishpat 25:2) expands this to doubts not only on what happened but also to disputes on relevant halachic opinions. The fact that a majority of poskim rule in the plaintiff’s favor does not necessary enable him to extract money from the defendant. The Shach (Tokfo Kohen 123) takes this shockingly far. It is enough for a small number of poskim to rule in a manner that the money’s possessor can keep it. This idea is called "kim li" – allowing the defendant to say, "I am sure the small minority who would have me win are correct."
Some of the greatest rabbis protested the implementation of kim li. Rabbi Yonatan Eibshitz (Urim V’Tumim to Tokfo Kohen 123-124) argues that if we follow the Shach: "Heaven forbid, the Torah will not be followed, and we will have a situation where whoever is stronger will prevail ... if so, poskim and authors toiled for nothing, bringing proofs and analyzing in depth, because the one in possession can always claim kim li, and Heaven forbid, our Torah will be hefker."
Rav Yaakov Chagiz (Shut Halachot Ketanot I:182) used even stronger language: "If so, you have undone all of choshen mishpat … I say about such a case: How long will you go about destroying all of Israel’s money and giving a hand to criminal elements? I am afraid that over time all of the work of the gemara will be undone, as people will say: Kim li like this Tanna or this Amora."
We add to the question. Would someone who fears Hashem be so lenient to rely on the opinion of a tiny minority of poskim in the laws of kashrut?!
Let us return to our parasha’s p’sukim. The Torah commands us to appoint judges and emphasizes: "Justice, justice shall you pursue." Many quills have been broken trying to explain the repetitiveness. We suggest that the Torah is stressing that we need to build a system of justice that will promise justice that is realistic for the situation. Batei din who embrace the Shach’s approach will remain empty. Who will sue in beit din when the defendant can win by finding one or two agreeable opinions?
But the Shach’s prominent opinion still exists, so how do we deal with it? Our teacher, Rav Zalman Nechemia Goldberg, taught us that whenever litigants sign an arbitration agreement that reads "for strict law or for compromise," it gives beit din the right to decide between opinions in a halachic debate without allowing the defendant to claim kim li. In our arbitration agreement, we are even more explicit in allowing the dayanim to use their wisdom to arrive at decisions irrespective of kim li. May this be a step in the direction of Yeshayahu’s view of a future of proper justice in Jerusalem.
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.
