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The Shvut Yaakov (I, 138) was asked by a talmid chacham who was appointed to sit on a beit din with two ignorant men and saw that they are coming to an incorrect decision whether he could refuse to take a stand in order to force two dayanim to be added. He answered that although it would be lying to do so, since he has the noble intent of trying to prevent a travesty of justice, he may say he does not know. This is because one may distort a story in order to maintain peace.
In a similar case of three normal dayanim, the Beit Yaakov (15) says that one is not allowed to use such a trick. In citing the latter responsum and arguing, the Shut Yaakov says that a travesty of justice is a bigger problem than the value of the honor of the other dayanim. The Birkei Yosef (Choshen Mishpat 18:4) says that one cannot compare the different scenarios. The Beit Yaakov was talking about a case of a proper beit din, where one just strongly disagreed with the opinions of his colleagues. If one cannot convince the others of the superiority of his position, he cannot use a trick to prevent the ruling to be arrived at. However, the Shvut Yaakov discussed a case where the other two dayanim were ignorant people, in which case their ruling is not a legitimate one, and the Beit Yaakov would agree that one could say that he does not know. However, in the case of the legitimate beit din, the Birkei Yosef agreed that one could not take such a step. He implies, though, that the Shvut Yaakov would say even in that case that the lone legitimate dayan would be allowed to say he does know (the Urim V’tumim understood that way, as well). The Rav Pealim (III, 1) understood that the Shvut Yaakov would agree in the case of a legitimate beit din.
Rav Ovadya Yosef (Yabia Omer, CM 3) also understood that one should distinguish between the cases of legitimate and illegitimate dayanim. Thus, in the final analysis, in a normal beit din, a dayan must express his opinion accurately, even if, as a result, the other dayanim will overrule him.
[One would think that the explanation is that the single dayan may not reject the others as making an objective mistake. If so, if he has a way of "proving" to his friends that he is right but he knows that his proof is faulty, he should not falsely convince them, even if he thinks that his position is correct for a different reason.]
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
143 - P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
144 - Complaints about Contractor’s Work – part II
145 - P'ninat Mishpat: Complaints about Contractor’s Work – part II
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P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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Parshat Re'eh
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Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
