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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 (830)
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
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 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: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
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.
