Wednesday, January 5, 2022

Line of Dissent: Should a Bais Din Disclose That Its Verdict Wasn’t Unanimous?

 https://baishavaad.org/line-of-dissent-should-a-bais-din-disclose-that-its-verdict-wasnt-unanimous/

 And from where is it derived that when the judge leaves the courtroom he may not say, “I deemed you exempt and my colleagues deemed you liable, but what can I do, as my colleagues outnumbered me and consequently you were deemed liable?” About this it is stated: “You shall not go as a talebearer among your people” (Vayikra 19:16), and it says: “One who goes about as a talebearer reveals secrets, but one who is of a faithful spirit conceals a matter” (Mishlei 11:13).[2]

1 comment :

  1. in footnote 5 of this article, it says something about the chief rabbinate:








    [5]Seder Hadin (Yerushalayim 5770) p. 241 s.v. Veyesh le’ayein.




    The practice of the batei din of the official Israeli rabbinate–whose members have included some of the most distinguished gedolei
    Torah of the past century, such as R’ Betzalel Zolty, R’ Yosef Shalom
    Elyashiv, and R’ Eliezer Yehuda Waldenberg–is to issue Western-style
    verdicts, including legal reasoning and (signed) dissenting opinions, in
    apparent blatant violation of the halacha. (See here.) A possible justification is that since this is the standard practice, any dayan who chooses to participate in the system implicitly accepts its rules and norms and thus waives his right to anonymity.


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    requires further investigation!

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