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Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
A. P’shara (Compromise)
The Obligation of a Litigant to Allow a Beit Din to Rule Based on P’shara - There is a difference of opinion on whether beit din can force parties to sign an arbitration agreement that allows either din (the strict law) or p’shara. In practice, standard arbitration agreements include permission to beit din to rule either for din or p’shara. Under certain circumstances, beit din may make a p’shara between the litigants even if they did not sign in the arbitration agreement a clause that authorizes it.
Beit Din’s Authority Within the Framework of P’shara - Fundamentally, the legal authority that litigants furnish beit din when they authorize p’shara is broad. In practice, beit din uses it only in the following cases:
1. Where there is halachic doubt.
2. In place of administering an oath.
P'ninat Mishpat (827)
Rabbi Yosef Goldberg
37 - Removing a Distributor of Tzedaka Funds
38 - A Look Back at the Last Year’s Piskei Din
39 - A Review of the Year’s Piskei Din
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4. When p’shara brings the argument to a rest better than the din.
In practice, Mishpat V’Halacha B’Yisrael and the Gazit network do not use p’shara extensively, even in regard to the first two cases.
B. The Effectiveness of Contracts and Obligations
Signing a Contract Without Understanding it - Fundamentally, one who signs a contract is bound by what he signs even if he did not read it. However, we saw piskei din that posited that when one thought that he was signing something else, his signature does not obligate him.
Unreasonable Clauses in a Contract - A contract that contains an unreasonable clause requires a special kinyan to make it effective. For example, if one is said to rent an apartment forever, this is an unreasonable obligation. When the simple reading of a contract’s clause renders it to contain such an obligation, beit din should prefer to interpret the contract according to the general spirit of the contract, thereby producing a reasonable obligation.
Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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.
Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
