YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
A couple were married in Israel, but now the husband (=def) lives abroad and rarely returns. The wife (=pl) lives in Israel and wants her claim for divorce and related issues to be heard in an Israeli beit din. Def wants the matter adjudicated in his area.
Ruling : The case should be heard in Israel; two presentations of the rationale follow.
Rav Goldschmidt - It is noteworthy that def is an Israeli citizen who plans to return and, therefore, is bound by Israeli law. Also, beit din in Israel has legal authority to rule and enforce matters of divorce, which the beit din that def requests lacks. The Maharival (II, 97) explains that the reason for the practice that the plaintiff adjudicates in the defendant’s city is that the defendant is expected to feel more bound by the authority of the local beit din and accept their rulings. Since the rule is for the plaintiff’s good, if this can be attained specifically in the plaintiff’s place, that is its proper place, as is the case here.
Rav Yisraeli - The gemara (Sanhedrin 31b) cites a machloket about a case where one litigant wants to adjudicate locally and the other wants to go to the beit va’ad (place of eminent experts). It concludes that we follow the request of the lender because a "borrower is a servant to the lender." Israel’s batei din should be considered a beit va’ad because of the concentration of talmidei chachamim serving in an organized fashion. Most Rishonim understand that the special status of a lender applies to other types of plaintiffs. The Mordechai cites those who say it applies to inheritors and those who give an object to be watched. The Haghot Maimoniot, citing Tosafot, extends it to matters of theft, damages, and commerce. The Haghot Maimoniot and Kesef Mishneh dispute if the Rambam (Sanhedrin 6:7) should be understood broadly or in a limited manner (Kesef Mishneh) in this regard. According to the Kesef Mishneh, it would not be possible to force def to adjudicate in Israel; according to Tosafot it would be. Either way, in this case, where the batei din function by authority of Israeli law, which obligates all of Israel’s citizens, def cannot avoid its jurisdiction. Also, the Gra (CM 14:18, based on Bava Kama 46b) explains that the rationale that a case is usually heard in the defendant’s place is that "one whose teeth hurt should go to a doctor." This implies that this is when the defendant is able to deny the allegations outright and win. However, in this case, pl demands that def continue to pay her support, and, regarding support before divorce, it is the husband’s burden to prove that he does not owe it (see Rama, Even Ha’ezer 70:12 and Shulchan Aruch, EH 154:3). Because of these circumstances, def should go to Israel to try to prove his case.
P'ninat Mishpat (831)
Various Rabbis
53 - Replacing a Dayan When the Matter Will Cause a Delay
54 - Location to Adjudicate
55 - The Rabbanut Court System as a Set Court
Load More
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)
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 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
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
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
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.
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.
