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Shabbat Parashat Shoftim 5771

Shoftim | 4 Elul 5771 | 03/09/2011

Parashat Hashavuah: Pursuing Two Types of Justice

At Eretz Hemdah, we put a great deal of time, thought, energy, and resources into the idea and ideal of making adjudication in a beit din an attractive choice. Among this week’s parasha’s focuses is the matter of Jewish justice. The Torah commands: “Pursue justice, justice” (Devarim 16:20). The gemara (Sanhedrin 32a) says that this refers to justice in din (strict law) and peshara (compromise). How is a dayan supposed to know when to do din and when to do peshara? Is peshara ever required? Is it always permitted?

Ask the Rabbi: Claiming Damages from an Employee

I hired a teenager to do deliveries (with my van) over a period of time. He backed into a tree and moderately damaged my car. I do not want to report the collision to insurance because it will raise my insurance rates. May I demand that the driver pay for the damage?

Ein Ayah: Levels of Thanks

Moshe instituted the beracha of Hazan (on sustenance - the 1st beracha of Birkat Hamazon) when the manna fell; Yehoshua instituted the beracha of Ha’aretz (for the Land of Israel) when Israel entered the Land. David and Shlomo instituted Boneh Yerushalayim (Builder of Jerusalem). Hatov V’hameitiv (He is good and does good) was instituted in Yavneh in reference to those who were killed in Beitar, for the fact that the corpses did not decay and that it became possible to bury them.

P'ninat Mishpat: Cursing As Grounds for Divorce

A couple has been living “separately” under one roof for years. Among other claims, the husband (=pl) has recordings of extreme name-calling and bad wishes that the wife (=def) made against him but especially against his mother. She refuses to have a full marriage until he breaks contact with his mother. Def says that this was done only at times where pl or his mother put her under great stress. Pl wants to give a get and not pay her ketuba; def wants to stay married, and says that he is proscribed due to Cherem D’Rabbaeinu Gershom from divorcing her.

Hemdat Yamim

is dedicated
to the memory of
R' Meir ben

Yechezkel Shraga

Brachfeld

o.b.m

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

This edition of Hemdat Yamim

is dedicated to the memory of

Mr. Jay Pomrenze's father

Col. Seymour “Sholom”

Pomrenze z"l

who passed away
on Av 26, 5771

This edition of

Hemdat Yamim

is dedicated to the memory of

Rabbi Shlomo Merzel o.b.m,
who passed away
on the 10th of Iyar 5771

This edition of
Hemdat Yamim
is dedicated to the memory of

Mrs. Miriam (Magda)

Sheinfeld z"l

who passed away
on Av 24, 5771

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