- Sections
- P'ninat Mishpat
part III
How to Elect Public Officials
We saw last time that a community can accept majority rule as binding even regarding civic decisions that are not mandated by Torah law.]
What is to be done when some of the constituency that is supposed to vote does not exercise this right? The Maharam says that the opinion of someone who refuses to vote is disregarded and we follow the majority of the remaining voters. The Noda B'Yehuda (I, Choshen Mishpat 20) and the Chatam Sofer (61) claim that the Maharam was discussing only a case where the non-voter kept to his refusal to vote at the time of the vote. In contrast, if the deciding people convened without the knowledge of one of the people who had a right to take part and his opinion was not heard, then the vote's results are not binding even if the decision enjoyed a large majority (which those who were left out could not have arithmetically overcome).
This idea follows from the Rashba (II, 104). He says that, in all matters, a majority is one that emanates from within the whole group after deliberation. A majority that is separate from the whole, without a deliberation that includes all, is worth nothing. The Maharit extends this limitation to votes that are done through ballot boxes and by means of someone "collecting" people’s votes. This requirement concerned many poskim, as the accepted practice was to make decisions without the presence of the entire community, and various distinctions were drawn.
The Chatam Sofer (116) says that if public announcements were made about the gathering and vote, whoever chose not to come is deemed to be like one who appointed those who did come to be proxies to decide. This is difficult, as in regard to the vote of a beit din, we would never say that one who is absent is like one who appointed the others, and the Maharit (ibid.) rejects this distinction. The Chatam Sofer must posit that while having a majority that emanates from the whole applies to public decisions as well, its parameters differ according to the nature of the decision and its forum. Beit din requires a halachic deliberation before the decision can be arrived at, and therefore the participants must actually be present. Regarding the agreement of the public, awareness and acquiescence suffices.
The Birkei Yosef (CM 13) says that only the decision of appointed officials has to include all, but decisions of the public do not require full participation. The logic seems to be that the appointees were chosen to deliberate, whereas the members of the public only have the right to take part and vote. If we were to follow this distinction today, all of the Knesset’s members would have to take part in each vote, something that rarely happens, and we would have to rely on the fact that the present system has been accepted. The optimal situation would be (as the Chazon Ish, Bava Batra 4:15 says) if all would take part in choosing representatives and all representatives would take part in the vote.
What is to be done when some of the constituency that is supposed to vote does not exercise this right? The Maharam says that the opinion of someone who refuses to vote is disregarded and we follow the majority of the remaining voters. The Noda B'Yehuda (I, Choshen Mishpat 20) and the Chatam Sofer (61) claim that the Maharam was discussing only a case where the non-voter kept to his refusal to vote at the time of the vote. In contrast, if the deciding people convened without the knowledge of one of the people who had a right to take part and his opinion was not heard, then the vote's results are not binding even if the decision enjoyed a large majority (which those who were left out could not have arithmetically overcome).
This idea follows from the Rashba (II, 104). He says that, in all matters, a majority is one that emanates from within the whole group after deliberation. A majority that is separate from the whole, without a deliberation that includes all, is worth nothing. The Maharit extends this limitation to votes that are done through ballot boxes and by means of someone "collecting" people’s votes. This requirement concerned many poskim, as the accepted practice was to make decisions without the presence of the entire community, and various distinctions were drawn.
The Chatam Sofer (116) says that if public announcements were made about the gathering and vote, whoever chose not to come is deemed to be like one who appointed those who did come to be proxies to decide. This is difficult, as in regard to the vote of a beit din, we would never say that one who is absent is like one who appointed the others, and the Maharit (ibid.) rejects this distinction. The Chatam Sofer must posit that while having a majority that emanates from the whole applies to public decisions as well, its parameters differ according to the nature of the decision and its forum. Beit din requires a halachic deliberation before the decision can be arrived at, and therefore the participants must actually be present. Regarding the agreement of the public, awareness and acquiescence suffices.
The Birkei Yosef (CM 13) says that only the decision of appointed officials has to include all, but decisions of the public do not require full participation. The logic seems to be that the appointees were chosen to deliberate, whereas the members of the public only have the right to take part and vote. If we were to follow this distinction today, all of the Knesset’s members would have to take part in each vote, something that rarely happens, and we would have to rely on the fact that the present system has been accepted. The optimal situation would be (as the Chazon Ish, Bava Batra 4:15 says) if all would take part in choosing representatives and all representatives would take part in the vote.

P'ninat Mishpat (663)
Various Rabbis
125 - How to Elect Public Officials
126 - How to Elect Public Officials
127 - Firing Teachers
Load More

Fallout from Underground Encroachment – part I
Various Rabbis | Adar I 3 5779

When a Couple Both Want the House After Divorce
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Backing Out of a Rental After Checks Were Given
Various Rabbis | 28 Shvat 5768

Financial Security for a Partner/Worker? – part II
based on ruling 72092 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Adar II 25 5782

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.

Returning Tuition When a Student Was Expelled – part I
Shvat 5773

Damages by a Dry Cleaner
5772

Presence of Hashem in the Mind of a Sinner
5773

Returning Tuition When a Student Was Expelled – part II
Shvat 5773
Faith and Trust in G-d's Plan Is Happiness
Rabbi Zalman Baruch Melamed | Tammuz 2 5782

There Are No Shortcuts
Rabbi Yossef Carmel | Tammuz 2 5782

Laws of the Etrog
How to choose an Etrog
Rabbi Ido Yaakovi
Korach's Fatal Error
Parashat Korach
Rabbi Zalman Baruch Melamed | 5749-54
Daily Mishna - Terumot 4, 3-4
Rabbi Moshe Leib Halberstadt | Sivan 30 5782
Daily Mishna - Terumot 3, 6-7
Rabbi Moshe Leib Halberstadt | Sivan 27 5782
Daily Mishna - Terumot 3, 8-9
Rabbi Moshe Leib Halberstadt | Sivan 28 5782
