https://matzav.com/when-and-how-must-a-person-respond-to-a-hazmana-in-beis-din/
It’s important to note that the litigant does not necessarily have to accept the Dayanim that sent the hazmana. If the Bais Din of gimmel hedyotos was not established by the entire city to adjudicate Dinei Torah, the litigant can say that he does not wish to accept their authority. If the Bais Din set themselves up to be three dayanim hedyotos, the litigant can request to go to a different place.
However, if the litigant refuses to accept the authority of any Bais Din, at this point he is considered to be a Mesarav Lavo Ladin, refusing to come to aDin Torah, and he can be sanctioned with Shamta. The person who is Mesarav Lavo Ladin is included in Shulchan Aruch in Siman 34, in the list of twenty four situations where a person deserves to be put B’Shamta.
What can the bd do, can they judge in absence of the. Defendant?
ReplyDeleteSo what stops the guy from saying "I'll get back to you when I find a Beis Din I like" and never getting back to you?
ReplyDeletethis can often happen, and it is why we have a King's law, and when we don't have a King, we have a State.
ReplyDeleteThe Torah is a complete system of law , both ritual and societal
ReplyDeleteIt is also "perfect" - Torat Hashem Temimah!
In a sense, the RZ people are trying harder to return to the original Torah system, and expanding the scope of the BD. In galus, at least today, it is voluntary, ie no powers of enforcement.
On the other hand, the Brisker Rov opposed these kind of initiatives _Heichal Shlomo - but his reasoning was that halachic opinion should not be centralised to one single body- which is very true, and we see that even more today.
Is a Sanhedrin feasible? it is a very interesting idea, problem is there will not be agreement to set one up, presumably until Moshiach comes!