vital information: Fwd: WEEK ONE: Bais Din 2

Sunday, May 25, 2025

Fwd: WEEK ONE: Bais Din 2

---------- Forwarded message ---------
From: Bais HaVaad Halacha Center <info-baishavaad.com@shared1.ccsend.com>
Date: Sun, May 25, 2025, 8:03 AM
Subject: WEEK ONE: Bais Din 2
To: <agentemes4@gmail.com>

THIS MONTH'S YORUCHA TOPIC:

Bais Din 2/Secular Courts

הלכות בית דין חלק ב' וערכאות

Week 1 Focus:

גדרי פשרה ודין

WHEN IS COMPROMISING ADVISABLE?
TWO KINDS OF PESHARA
AFTER THE P'SAK
WHEN A PESHARA IS MANDATORY
DOES PESHARA NEED A KINYAN

Introduction

The gemara tells us that, to some extent, a compromise agreement runs counter to the concept of Din. Despite this, settlements are very much a part of the Din Torah system. This has led some people to the very mistaken impression that Batei Din will always insist on a compromise, regardless of the merits of the case.

Points to Ponder

• Is a compromise a good outcome in a Din Torah? Should Bais Din be looking to settle, or should they encourage the parties to accept the strict Torah ruling?

• If the settlement is biased or factually mistaken, can it be overturned?

• If the parties originally agreed to a settlement, can either side retract and request a halachic ruling?

• Does Bais Din ever force the parties to accept a compromise?