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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 (834)
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.
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
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
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
Rabbis in Midrash
Lessons
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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)
P'ninat Mishpat A Non-Contractor in Changing Times – part II
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Hashem Is your Shadow – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
Parashat Hashavua Happiness for the Right Reasons
[With painful longing, we share these divrei Torah from our co-Rosh Kollel for close to 40 years, Harav Moshe Ehrenreich zt”l.]
