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 (832)
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: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 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)
Rabbis in Midrash
Lessons
fast navigation
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)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
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.
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)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
