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Beit Midrash
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- Mishpatim
Yitro starts with Moshe’s father-in-law giving advice to Moshe on how to assemble proper judges in a logical system. This topic was generally broached at the end of Beshalach ("There He placed for them statutes and justice, and there He tested them" – Shemot 15:25). As Chazal explain, in Mara, Hashem gave Bnei Yisrael some Torah laws to be involved in, including principles of monetary law (Mechilta D’rabbi Yishmael ad loc.). This involvement got Bnei Yisrael started in the preparation for a proper judicial system.
Later in Yitro, four of the Ten Commandments are connected to the judicial system – false oaths, murder, theft/kidnapping, and false testimony. Right after the giving of the Torah, Mishpatim details many specific areas of Halacha that are the basis of adjudication in beit din. These include the rights of personal freedom, ethics of jurisprudence, and protection of the weak in society. Fields covered include damages, watchmen, loans, and preventing false testimony. Finally, the Torah goes back to the interaction with the Divine Presence at Sinai. This order reinforces the idea that significant Torah-based life depends on a properly functioning judicial system.
Going back thousands of years, it became rare for Jews to have a judicial system, through which to enforce rulings. With the establishment of the State of Israel, Chief Rabbi Herzog’s dream of a proper Jewish judicial system was fulfilled only very partially, with limitations that increased over time. Much work was employed to find a way to apply Torah principles in a modern economic society that involves many technologies and globally bound commerce.
Before founding the Eretz Hemdah-Gazit network of batei din, we did extensive research and held discussions with leading rabbis of our time, which enabled us to know how to provide up-to-date solutions for these challenges. Actually, the Israeli (and international) Law of Arbitration was helpful in building a fully functional beit din system for a democratic Jewish background. The rules of the Law of Arbitration are very in-step with Halacha, and when one follows them, it is relatively easy for litigants to enforce rulings.
In practice, litigants must accept beit din’s authority regarding their dispute by signing an arbitration agreement. Then beit din can hear the claims, listen to witnesses, consider proofs, and, when necessary, make use of experts to clarify complicated technical matters. Some batei din, including ours, provide a possibility to appeal decisions, and if there is a problem with enforcement of the ruling, the Israeli government bureau for such matters can be used.
Through the simple act of agreeing to adjudicate in beit din, litigants merit taking part in the fulfillment of the prophecy: "Zion will be redeemed through justice, and those who return to it, through tzedaka" (Yeshayahu 1:27). In times like these, this is especially critical.
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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)
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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)
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: 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)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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
