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Beit Din and Dayanim: Difference between revisions
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→Judging according to compromise
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# A person can grab the penalty that is owed him. <ref>S”A CM 1:5</ref> | # A person can grab the penalty that is owed him. <ref>S”A CM 1:5</ref> | ||
==Judging according to compromise== | ==Judging according to compromise== | ||
# It is a mitzvah upon the judge to open up the case by asking the litigants if they want to have an arbitration based on compromise (peshara) or a regular legal case. The court which uses arbitration more often is praiseworthy.<ref>Shulchan Aruch CM 12:2</ref> Bet Din can't force someone to go above and beyond the letter of the law and some poskim argue.<ref>Rama CM 12:2</ref> | |||
==Power of Bet Din== | ==Power of Bet Din== | ||
# The bet din of each community has the authority to establish practices for its community just like the geonim had an authority to establish practices for all Jews.<ref>Sama 2:10</ref> | # The bet din of each community has the authority to establish practices for its community just like the geonim had an authority to establish practices for all Jews.<ref>Sama 2:10</ref> | ||
