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Case:
The litigants are a couple in divorce proceedings. The wife accuses the husband of anti-social behavior, including beatings and public insults. She wants the IDF to present medical files, including a psychiatric evaluation. While the husband allows this, the IDF’s policy precludes this out of a fear that doing so may discourage soldiers from being forthright in their answers to them
Ruling: The Shulchan Aruch (CM 28:1) says that whoever can testify on his friend’s behalf and his friend has a purpose for the testimony must testify if he is demanded to do so. Even if the evidence is in written form, the possessor of the document can be compelled to produce it (ibid. 16:4). On the other hand, one who fails to testify when he should does not have to pay damages for losses his failure caused (ibid. 28:1). The Ramban explains that since the reason one has to testify is not monetary but is a mitzva to help others, he is not monetarily obligated to pay for his failure. It is similar to one who sees his friend’s lost wallet and does not return it; he too his exempt from paying. Furthermore, the Avkat Rochel (195) says that if testifying will cause one to lose money, he is not required to testify, for the aforementioned reason. One does not have to lose money in order to save money for a friend, as one’s own money comes before that of others.
The Chida deals with the question whether an invalid witness who is accepted by the litigants to testify is required to do so. He says that while the mitzva from the Torah to testify does not apply, there is a rabbinic mitzva due to the ability to help another. Even regarding the Torah obligation, the gemara (Shvuot 30b) says that if a talmid chacham knows testimony but it is a disgrace for him to go to a beit din of lesser stature than he, he is exempt. The gemara brings a proof from the parallel case, where such a person is exempt from returning a lost item.
If one finds his own lost item and his friend’s and can retrieve only one, retrieves his own (Shulchan Aruch, CM 264:1). Yet, one should do so only if the loss to himself is clear. The S’ma explains that there is a concern that one will overextend this leniency.
Despite the logic of the IDF’s desire for confidentiality, if beit din is given the authority to decide whether information is necessary on a case-by-case basis, the danger is small. Furthermore, public institutions are obligated to be more forthcoming for the needs of others (see Chatam Sofer, YD 239). Our case extends beyond monetary concerns, verging on saving a life, for which there are no exemptions. Therefore, beit din requires the files to be presented, not in the presence of the litigants.
P'ninat Mishpat (829)
Rabbi Yosef Goldberg
17 - Partnership in a Corporate Venture
18 - Securing Confidential Information
19 - Partial Pay for a Worker Who Did Not Complete a Job
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P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
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.
