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- P'ninat Mishpat
The community of Caracas, Venezuela had serious complaints about the reliability of a local shochet, but there was no local beit din that could investigate and rule on the matter. What are they to do in such a situation?
In a matter that impacts on individuals, no dayan can decide the matter without hearing the claims of both sides in person. This applies even to a religious matter such as the reliability of the shochet’s shechita and his kashrut supervision. After all, the shochet might claim that the facts presented about him are false and that someone is trying to defame him or improperly remove him from his role. Even if there are witnesses, they must be heard in his presence. Therefore, I cannot make a decision based on the complaints mentioned in your [a local rabbi’s] letter.
What I am able to tell you has to do with the shochet’s counterclaims of forbidden competition (hasagat g’vul). If there are ostensibly substantive suspicions about the shechita and the kashrut supervision of the shochet, and because of that people cannot eat the meat, it is not applicable to speak about limitations on competition due to hasagat g’vul.
Consequently, if in Venzuela and the neighboring countries there is no beit din that is fit to rule on the matter and to investigate the shochet, there is no greater loss than the fact that people cannot eat the meat. [Ed. Note – Rav Moshe seems to posit that even if the local rabbi cannot have the shochet fired or censored, he can tell people that they may not eat the meat he supervises in the meantime]. There is also concern about possible kashrut violation for those who are G-d-fearing. Therefore, one is allowed to take the law into his own hands, even in a dispute between two individuals and certainly when it is a matter of the community against an individual, which is even easier to permit (see Rama, Choshen Mishpat 4:1). However, this is only when it is known to you that the truth and justice is with you, i.e., that there are real doubts about his shechita, hashgacha, and fear of Heaven.
If after you take steps, he summons you to beit din, you will have to respond and go with him to a beit din when the matter becomes feasible. Therefore, my advice to you is to offer him a certain sum of money for his agreement to be removed because you will not be able to find a beit din.
P'ninat Mishpat (835)
Various Rabbis
267 - Accessory to an Alleged Crime
268 - Replacing a Problematic
269 - Bonds with One Son Listed as a Recipient
Load More
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: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
Lessons
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
