YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
A man (pl) is a neighbor and shares a roof with an apartment that had been owned by a woman and her children (def) but since had been transferred to the ownership of the children (the woman still lives there). Pl wants to divide the ownership of the roof in order to build on part of it. Def do not want to allow the construction and want to adjudicate the matter in B’er Sheva, where they live. Pl wants the case to be heard in the area of the apartments, where he lives, and points out that his physical frailty makes it difficult to travel to B’er Sheva.
Ruling : The gemara (Sanhedrin 31b) cites a machloket about a case where the plaintiff wants to adjudicate locally, and the defendant 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." Thus, it is the plaintiff who should have more say as to where the case will be heard. It is true that the Rama (Choshen Mishpat 14:1) says that the minhag is that one cannot force a defendant to adjudicate away from his area, and thus usually cases are heard in the defendant’s area. 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," meaning that the question is not just who is the plaintiff, but who needs beit din to help have the matter adjudicated.
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 its 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.
Our case is not a standard one in regards to location. When pl bought his apartment, the potential litigant with whom he would have to deal was the mother. When she transferred her rights to her children, she was, in effect, causing pl to trouble himself to deal with possible litigation in a distant location. This is similar to what the Rama (CM, 73:10) describes, when one borrows money and then moves elsewhere, while leaving behind resources that can be used for payment. In such a case, he says that the defendant has to come to the place where the transaction transpired. This ruling is designed to prevent people from borrowing money and running away to a distant land. Furthermore, since the idea of following the defendant’s location is for the plaintiff’s benefit, in a case like this, where pl’s health makes it difficult to travel, we should revert to the original preference, that the case is heard in the plaintiff’s location.
P'ninat Mishpat (829)
Various Rabbis
55 - The Rabbanut Court System as a Set Court
56 - Place of Adjudication
57 - Admissibility of Testimony by a Hired Private Investigator
Load More
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: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
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.
