Hebrew | Francais

Search


> > Archive

Shabbat Parashat Shemot 5777

Shemot | 23 Tevet 5777 | 1/21/2017




P'ninat Mishpat: Meaningless Suit

The defendant (=def) and the plaintiff (=pl) were embroiled in a dispute over real estate during the course of seven years in various levels of secular court. The final ruling was not to pls liking, and he refused to pay according to the judgment. As enforcement efforts significantly raised the amount due, pl began writing extremely inflammatory letters against def (pashkivilim). Pl spread over 10,000 copies in strategic places throughout the country in which he felt it would hurt def. Def sued pl for defamation, and the matter arrived for adjudication at our beit din. The arbitration agreement with which they empowered Eretz Hemdah-Gazit related specifically to the matter of defamation and not to the original monetary dispute. During deliberations, pl complained about the fact that he was sued in secular court and now demanded that beit din rule that def had acted against halacha in so doing. Def said that after seven years of adjudicating in secular court without complaining about the venue, pl cannot complain at this point or use it as an excuse to justify his defamation campaign. Beit din said that due to the limited nature of their present arbitration agreement, if pl wanted to extend the scope, he would have to open a new case. He did so, and def declined to take part in it, prompting the involvement of a special tribunal of three heads of branches of our beit din to deal with this matter of precedent regarding the scope of Eretz Hemdah-Gazits judicial mandate.


Dedication

Hemdat Yamim

is dedicated

to the memory of:


those who fell

in wars

for our homeland

Eretz Hemdah's beloved friends

and Members of

Eretz Hemdah's Amutah


Rav Shlomo Merzel z”l

whose yahrtzeit

is the 10th of Iyar


Rav Reuven Aberman

z"l

who passed away

on 9 Tishrei, 5776


Mr. Shmuel Shemesh
 
who passed away on

Sivan 17, 5774

R' Eliyahu Carmel, 

Rav Carmel's father,

who passed away on

8th of Iyar 5776


Yechezkel Tzadik,

Yaffa's father,

who passed away on

11th of Iyar 5776

 

Mrs. Sara Wengrowsky

bat R’ Moshe Zev a”h.

who passed away on

10  Tamuz  5774


Rav Asher Wasserteil z"l

who passed away

on

Kislev 9, 5769


R' Meir
ben

Yechezkel Shraga Brachfeld

o.b.m

R ' Yaakov ben Abraham & Aisha

and

Chana bat Yaish & Simcha

Sebbag, z"l

Hemdat Yamim

is endowed by

Les & Ethel Sutker

of Chicago, Illinois
in loving memory of
Max and Mary Sutker
and

Louis and Lillian Klein, z”l

 

 

Hemdat Yamim

A weekly divrei Torah leaflet: A Glimpse at the Parasha, Ask the Rabbi, From the writings of Harav Avraham Yitzchak Hakohen Kook, ztl, Pninat Mishpat (Jewish Monetary Law).

First Name:
Last Name:
E-mail:
site by entry.
Eretz Hemdah - Institute for Advanced Jewish Studies, Jerusalem All Rights Reserved | Privacy Policy. | Terms of Use.