YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- Parashat Hashavua
- Torah Portion and Tanach
- Shmot
- Terumah
The Torah discusses the Yitro-Moshe plan, which includes judges of thousands, of hundreds, of fifties, and of tens (Shemot 18:21). The Seforno explains that one would start with the "lower court," and if he was unhappy with the ruling, he would appeal to the court above it, and in the rare cases that went higher than that, it could go all the way to Moshe.
The Malbim raises the possibility that we can learn the concept of appeals courts from Yitro and Moshe, but he is skeptical that an appeal is a Torah-level law because of the competing concept (see Bava Batra 138b) that "beit din does not look into the rulings of another beit din." Rishonim (ad loc.) explain that we are to assume that the first beit din was correct in their ruling. The Malbim insinuates that it is possible that according to Torah law, one could appeal, and it is the Rabbis who closed off that possibility to prevent dragging out a case indefinitely. However, we do not find this approach in Rishonim; rather, there is a possibility of appeal, as we shall see.
The Maharam of Rutenberg (an important, early Ashkenazi Rishon with responsa) was asked about appeals (Shut 715). He says that we do not find an injunction against appealing, and, to the contrary, it was a common occurrence, at least in his time. We can suggest a proof for this approach from the following gemara (Sanhedrin 31b). Rav Elazar says that if the litigants argue about whether to adjudicate locally or to go out of town (which includes significant traveling expense) to a more expert beit din, they adjudicate locally. However, the one who wanted to go to the experts can require the local beit din to write the legal justification of the ruling. Apparently, the rationale for writing the reasons for the ruling is to enable the disgruntled litigant to go to experts and see if they agree. The Beit Yosf (Choshen Mishpat 14) understands the Rambam similarly. He says that the idea of writing the reasons applies specifically to a "junior court," so that the more expert court can investigate whether they made a mistake. If, though, a renowned court rendered the ruling, they would not need to cite the rationale.
All agree that if it was agreed in advance that there will be a possibility of appeal, then this is binding. Furthermore, if the original beit din agrees to it, then appeal can be brought. In our days, it apparently is also because we are unwilling to take the stand that we do not believe that our batei din are unlikely to make a mistake.
In Eretz Hemdah’s arbitration agreement, we state explicitly that the presumed situation is that either side can appeal, just that a full appeal process has to be started by a decision of a single av beit din (panel head) who did not sit on the case that there is an apparent mistake in the ruling in question. If so, the two other panel heads join him to decide whether there was a mistake and what should be done about it. This method strikes a good balance between vigilance for the possibility of mistake and avoiding unnecessarily drawn out legal processes.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
fast navigation
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.
