YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
A case was heard over a long period of time. As the hearings were coming to a close, beit din instructed the sides to present a written summary of their claims. Unexpectedly, one of the litigants presented a request to disqualify the av beit din from dealing on the matter of wills because in the past, the dayan had served as a guest of honor at the dinner of the other litigant (a charity organization) and donated to them.
Ruling : The mishna (Sanhedrin 27b) cites a machloket between R. Yehuda and the Chachamim if a witness can testify when a litigant is a friend or an enemy of his. The gemara (ibid. 29a) says that even according to Chachamim who permit it, such a person cannot serve as a dayan. Another gemara (Ketubot 105b) says: "One should not judge one whom he loves or one whom he hates: the one he loves, because he will not see his fallacy, and the one he hates because he will not see his virtue."
Tosafot (ad loc.) is bothered by the fact that the former gemara is based on a pasuk, whereas the latter one does not seem to be. They posit that there are actually two levels of friends and enemies. A close friend or serious enemy is so unfit that if he did take part in the case, his ruling would be invalid even after the fact. Mild friends or enemies should not hear the case, but if they ruled, the ruling is valid after the fact. According to the Beit Yosef’s (Choshen Mishpat 7) understanding, the Rambam (Sanhedrin 23:6) does not distinguish between different levels of friends and enemies; rather, the ruling of anyone who should not serve for this reason is invalid even after the fact. This is also the view of the Ohr Zarua (see Haghot Ashri, Sanhedrin 1:6). The Shulchan Aruch (CM 7:7) rules like the Rambam, whereas the Rama (ad loc.) rules like Tosafot. The Maharik has a third opinion. The relatively weak level of relationships that are described in Ketubot do not strictly invalidate a dayan but just create a midat chasidut (preferable course of action) to avoid. In a case where by following the higher level of carefulness one of the litigants will lose out, he says that one should not disqualify himself.
It is impossible to say that, in our case, there is a high level of friendship. Beit din did not even feel that there was even a level of friendship that could disqualify the av beit din at all (according to Tosafot). It is possible that it would have been better for the dayan not to have taken the case as a midat chasidut. However, considering that it is a case that is toward the end of its deliberations and a change will cause a damaging delay, the dayan has no right to remove himself from the case, along the lines that the Maharik stated.
P'ninat Mishpat (829)
Various Rabbis
52 - A Beit Din’s Withdrawal Relations with Legal ounsel
53 - Replacing a Dayan When the Matter Will Cause a Delay
54 - Location to Adjudicate
Load More
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
