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1

Effectively, this was the question of R' Yehoshua in Rosh Hashanah 2:9. There, he was forced to follow the ruling of Rabban Gamliel of Yavneh at such a time as there was no Jerusalem-based authority. He was an older sage, and a student of Rabban Yohanan ben Zakkai - surely his view was equally valid? According to R' Dosa ben Harkinas, the source for his ...


0

Rav Hirsch says that the source is the phrase in Devorim 17:9 וְאֶל הַשֹּׁפֵט אֲשֶׁר יִהְיֶה בַּיָּמִים הָהֵם and to the judge who will be in those days Rav Hirsch explains the phrase as showing the principle that at all times one has to obey and follow the contemporary ecclesiastical authorities who are qualified by their ...


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This is firstly a formulation problem. I will re-write the question with my own words. The main purpose of the Beth Din is to make justice. So, if Reuven has only 2 good witnesses, this should be enough. And we discover here an additional area of concern in Beth Din. What is this concern? This Concern is called "צריך לברר/אין צריך לברר". ...


3

The reference is to the Sanhedrin in the Bais Hamikdash which deals with the court cases. Even though we no longer have a temple, a Sanhedrin, or complete authority of the court system, we are still required to follow tha authorities of our day. Rav Hirsch points out that we should appoint "kohanim Leviim" to the court. not so much their special ...


0

POINT BY POINT SUMMARY Sanhedrin 23b Explains that this is an argument discussing whether a litigant (Reuven) is able to join with a witness (David) in order to disqualify one of the pairs of witnesses that his opponent (Shimon) claims to have. If Shimon does have two pairs of witnesses, then even if one pair has been disqualified, the other pair is ...


6

In most countries, the Sharia court is not the same as a secular (government legal system court) and would probably have no more authority in a non-Muslim society than a bais din. In that case, one should try bais din first. It would also judge by the religious rules of a different religion rather than secular law so dina d'malchusa would not apply. This ...


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The problem of going to a non Jewish court is only if you are going against a Jew but against a non-jew (Muslim) it is permitted (and usually it is the only option) See rashi on Exodus 21.1 before them: But not before gentiles. Even if you know that they [gentiles] judge a certain law similarly to the laws of Israel, do not bring it to their courts, for ...


1

Sanhedrin: 70 | 71 | 72 ? This question highlights many very important difficulty on pshat of the Mishnayot regarding the count of Beth Din Hagadol.Let us start at the heart of the matter: Mishna Sanhedrin 1, 6: סַנְהֶדְרִי גְדוֹלָה הָיְתָה שֶׁל שִׁבְעִים וְאֶחָד, ..., שֶׁנֶּאֱמַר (במדבר יא) אֶסְפָה לִּי שִׁבְעִים אִישׁ מִזִּקְנֵי יִשְׂרָאֵל, וּמֹשֶׁה עַל ...


2

Rabbi Feinstein is addressing questions of local customs. Theoretically 400 years ago, you'd have all the Jews in Baghdad following the customs of Baghdad, and all the Jews of Krakow following the customs of Krakow. What happens today when a bunch of Krakow Jews and Baghdad Jews come together in New York City? What is the "local custom?" The halacha is that ...



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