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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 (832)
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: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 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
Rabbis in Midrash
Lessons
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Israel and the Nations A Few Minutes & Many Innovative Ideas on Antisemitism & What to do About It
As we approach the High Holidays, this short lecture (18 minutes) deals with the unfortunate situation of how Israel and the Jewish People stand against antisemitism, analyzing its cause according to Rav Kook, and how to deal with the issue pragmatically & via our prayers.
Ha'azinu PURSUIT is PERFECTION
p. Ha'azinu, Shabbat Shuva
Rav Kook deals with the question of the seemingly hopeless nature of Tshuva. For G-d Himself knows that He created us with free will, which inevitably means we will sometimes make mistakes and choose wrong. This can easily be frustrating, freezing us into inaction and ye'ush (loss of hope). If one sins even once, does he chalila have no choice but suicide?! Moreover, our Godly conscience demands justice, righteousness and perfection, but we all know this is impossible, so what's the solution? Rav Kook's innovative thinking, strongly based on chazal (our sages), offers an inciteful and important aspect to this topic, especially this time of year!
Sukkot Bug-Free Sukkah: Essential Halachic and Practical Schach Guide
How to inspect, clean, and store bamboo mats and palm branches to protect your mitzvah and holiday meals.
