YeshivaThe torah world Gateway
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 (831)
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
Load More
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.
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
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)
Rabbis in Midrash
Lessons
fast navigation
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)
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)
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
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.
