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Beit Din and Dayanim: Difference between revisions
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Up until the times of the Tannaim and Amoraim, Dayanim could be granted Semichah as a certification to judge cases involving Kenas, such as Chatzi Nezek and Kefel.<ref>Shulchan Aruch Choshen Moshpat 1</ref> Semichah was transmitted Rebbe to Talmid from Moshe Rabbeinu and on until R' Yehudah Ben Bava.<ref>See Sanhedrin 14a</ref> There was an additional license to judge known as Reshut, granted by the Nasi in Eretz Yisrael and the Resh Galuta in Bavel. Reshut enabled a Dayan was license bring litigants to court against their will, and it also served as insurance, exempting judges who who erred in their rulings from reimbursing the losing party. <ref>Sanhedrin 5b</ref> | Up until the times of the Tannaim and Amoraim, Dayanim could be granted Semichah as a certification to judge cases involving Kenas, such as Chatzi Nezek and Kefel.<ref>Shulchan Aruch Choshen Moshpat 1</ref> Semichah was transmitted Rebbe to Talmid from Moshe Rabbeinu and on until R' Yehudah Ben Bava.<ref>See Sanhedrin 14a</ref> There was an additional license to judge known as Reshut, granted by the Nasi in Eretz Yisrael and the Resh Galuta in Bavel. Reshut enabled a Dayan was license bring litigants to court against their will, and it also served as insurance, exempting judges who who erred in their rulings from reimbursing the losing party. <ref>Sanhedrin 5b</ref> | ||
What we colloquially refer to as "Semichah" nowadays is, in fact, neither of these, but, rather, "Hetter Hora'ah Bifnei Rabo." That is to say, that even if one arrives at the level of Mumcheh, he still may not voice a Halachic opinion within a certain proximity of his Rav Muvhak. Only when his rebbe grants him Semichah may he pasken regularly. <ref>Shu"t HaRivash Simah 271, cited by SMA Choshen Mishpat 1:9, Eretz HaTzvi pg. 225</ref> | What we colloquially refer to as "Semichah" nowadays is, in fact, neither of these, but, rather, "Hetter Hora'ah Bifnei Rabo." That is to say, that even if one arrives at the level of Mumcheh, he still may not voice a Halachic opinion within a certain proximity of his Rav Muvhak. Only when his rebbe grants him Semichah may he pasken regularly. <ref>Shu"t HaRivash Simah 271, cited by SMA Choshen Mishpat 1:9, Eretz HaTzvi pg. 225</ref> | ||
# There is a dispute if we collect cases of bor and esh today.<Ref>Shach 1:2 quotes the Maharshal who says that bor and esh nowadays aren't common and can't be collected without semicha. Chidushei Harim CM 1:10 argues. He cites the Shvut Yakov 136 who disagrees and discusses his proofs. Pitchei Teshuva 1:2 understands that Rabbi Akiva Eiger argues with the proof of the Shvut Yakov but agrees with his conclusion. Divrei Shalom 7:1 rules that we judge bor today.</ref> | |||
==Establishing a Bet Din== | ==Establishing a Bet Din== | ||
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==Vigilante Action== | ==Vigilante Action== | ||
# A person who finds that his friend stole from him can retrieve his property even if that means that he’ll have to hit him as long as he can’t do something else. Even if there’s no immediate | # A person who finds that his friend stole from him can retrieve his property even if that means that he’ll have to hit him as long as he can’t do something else. Even if there’s no immediate loss, even if he would wait until the case would go to court, he is allowed to retrieve his property. This is on condition he is able to prove in court that he is deserving of the money he is grabbing.<ref>Rav Nachman in Bava Kama 27b, Shulchan Aruch Choshen Mishpat 4:1 with Rama</ref> | ||
# If there’s no concern of loss, it is forbidden to hit him.<ref>Netivot Mishpat 4:1, Lechem Mishna (Avadim 3:5)</ref> | # If there’s no concern of loss, it is forbidden to hit him.<ref>Netivot Mishpat 4:1, Lechem Mishna (Avadim 3:5)</ref> | ||
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==Edim== | ==Edim== | ||
see [[Kosher Witnesses]] | |||
==Related Pages== | ==Related Pages== | ||
