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Ruling: [Beit din had expressed that it prefers three dayanim because of the complexity of the case and sat in this pre-adjudication tribunal with dayan 1 functioning as the one dayan and in the meantime the other two serving as legal assistants. Beit din also consulted with legal experts on arbitration law.]
The general rule is that an arbitrator has no authority to decide on the extent of his own authority, thus rendering this ruling potentially problematic. However, the sides all signed Eretz Hemdah’s arbitration agreement, and par. 12 therein says that beit din is authorized to set the "boundaries of the agreements within the arbitration agreement and the rules and procedures." This is binding since both sides agree that Eretz Hemdah has jurisdiction, and the dispute is just about the number of dayanim.
Even though having three dayanim is preferable in various ways, when a binding decision is made on the number of dayanim, one cannot change that number (see Rama, Choshen Mishpat 13:1-2). Our legal advice also posited that it is highly problematic to change from the arbitration agreement of the sides.
Based on this backdrop, it is best to reconcile the two agreements, so that there not be a contradiction between them (see Shut Harosh 68:14; Shulchan Aruch, CM 42:9). This leads toward an understanding that the clear clause in agreement #1 that one dayan will rule continues into agreement #2. Agreement #2, which states that the Beit Din of Eretz Hemdah will adjudicate, arguably adds two things – a decision on which beit din it will be; an implication that it is a beit din, which is classically three dayanim. However, Beit Din of Eretz Hemdah can also be understood as any size tribunal as long as it is under the umbrella of Eretz Hemdah. In that way, agreement #2 adds information onto what already existed in #1. There are also communications from def that indicate that they still saw par. 15 of agreement #1 as binding. This was also indicated in handwritten additions to the Eretz Hemdah arbitration agreement, which was signed after agreement #2 was made.
Therefore, one dayan will serve as the one and only dayan, whereas another of those who were prepared to be dayanim will assist as a research assistant for this complicated case. [The director of the Eretz Hemdah-Gazit beit din network also signed on the ruling on this semi-administrative matter.]
P'ninat Mishpat (834)
Beit Din Eretz Hemda - Gazit
827 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
828 - P'ninat Mishpat: How Many Dayanim?
829 - P'ninat Mishpat: Undoing a Problematic Partnership – part I
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
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)
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Hosha'ana Rabba FLYDUBAI & HOSHANA RABBA- ANI VAHU HOSHIA NA- I & HIM SAVE US
"Ani vaHu Hoshia Na", "I and Him, Save Us". We don't just pray to Him, but we also pray to and for ourselves that we should emulate and educate our children to have that instinctive altruism with which He created the world. President Trump seemed amused about Yaniv Hayon, our PLUMBER who confidently worked with G-d like Superman (he learned from a pilot on a TV show!) to save 174 lives on the Dubai hijacking, but we in Israel are totally accustomed already 78 years to our plumbers, teachers, garbage-men, rabbis, farmers & doctors being Hashem's shlichim! This is what Zionism is about.
Moreshet Shaul Hashem Is your Shadow – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
P'ninat Mishpat A Non-Contractor in Changing Times – part I
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Our King on Rosh Hashana, Our Father on Yom Kippur.
Based on Aroch Siach, p. 221 (Rav Shaul Yisraeli)
