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The Chida (Shem Hagedolim 10) cites a machloket among Rishonim about what to do when a much more knowledgeable dayan finds himself in the minority against two low-level dayanim. The Ra’avad says we follow the majority. He bases himself on the gemara (Yevamot 14a) that says that Beit Shamai were sharper than Beit Hillel and yet we accept the opinions of Beit Hillel, who constituted the majority. The Hagahot Oshri concurs.
The Sha’ar Ephrayim (10) cites Rav Hai Gaon who argues and says as follows: "If they are equal in wisdom, we leave the words of the individual and follow the words of the majority, and if the one is greater than the two, we follow the one who gives good reasoning for his words." The Ramban (Sanhedrin 32a) argues with Rav Hai Gaon. It seems that the disagreement is whether that which we follow the majority is a set concept of following a majority or whether we are to follow a "majority of wisdom," just that we assume until we know otherwise that the majority of people contains the majority of wisdom.
The Sefer Hachinuch (#78) says that the matter depends on the context of the machloket. In general, that which we follow the majority even when their ruling is considered of lesser quality is true only in a formal setting, such as Sanhedrin [or beit din]. What is special there is that there is a need for a set number of people and that the Torah explicitly commands us to follow the majority no matter what. The Minchat Chinuch (ad loc.) says that this is explicit in the fact that Beit Shamai did not have to rescind their rulings despite being the minority, as their acumen was important because their machlokot with Beit Hillel were outside the formal setting of Sanhedrin. The Hagahot Oshri says that even in regard to a machloket outside of beit din, we follow the greater in number, and even Beit Shamai stopped relying on their opinions after the Heavenly voice sided with Beit Hillel. The S’ma (25:18) understands the Rama as following the less compelling majority even for machlokot outside beit din.
The Shvut Yaakov (I, 137), related to being outnumbered by two ignorant "dayanim" and said that the majority wins, as long as there is one learned dayan, even if he is the minority dayan, to validate the beit din. The Sha’ar Mishpat (18:1) disagrees since, if the beit din is valid only due to the minority dayan’s expertise, how can they rule against him? He says that even the Ramban accepted the majority only when they were valid dayanim, just that the minority was exceptionally qualified.
In any case, most Rishonim and Acharonim indicate that, within beit din, we follow the majority even if they do not compare in wisdom to the minority opinion.
P'ninat Mishpat (834)
Beit Din Eretz Hemda - Gazit
141 - A Non-Contractor in Changing Times – part I
142 - A Non-Contractor in Changing Times – part II
143 - P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
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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 III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Hosha'ana Rabba FLYDUBAI & HOSHANA RABBA- ANI VAHU HOSHIA NA- I & HIM SAVE US
"Ani vaHu Hoshia Na", "I and Him, Save Us". We don't just pray to Him, but we also pray to and for ourselves that we should emulate and educate our children to have that instinctive altruism with which He created the world. President Trump seemed amused about Yaniv Hayon, our PLUMBER who confidently worked with G-d like Superman (he learned from a pilot on a TV show!) to save 174 lives on the Dubai hijacking, but we in Israel are totally accustomed already 78 years to our plumbers, teachers, garbage-men, rabbis, farmers & doctors being Hashem's shlichim! This is what Zionism is about.
Moreshet Shaul Hashem Is your Shadow – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
P'ninat Mishpat A Non-Contractor in Changing Times – part I
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Our King on Rosh Hashana, Our Father on Yom Kippur.
Based on Aroch Siach, p. 221 (Rav Shaul Yisraeli)
