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The Ohr Somayach writes that logically one would have assumed they would pay the person who they testified was owed money. Meaning, do to them what they tried to do - they tried to make A owe money to B, so they should owe money to B. However, the Ohr Somayach concludes that because of דרכיה דרכי נועם, the ways of the Torah are pleasant, it would offer the ...


6

This is an argument in Rishonim. The answer is not directly stated anywhere in the Talmud. The Sefer Yereim in Siman 178 says that it is comparable to the fifth added to Teruma, where it is paid to the Beis Din to distribute to whomever they want. However, he isn't certain about it. The other option is that it is paid to the initially accused. The תועפות ...


10

There's a whole article by Rabbi Yaacov Feit about this in the Journal of Beth Din of America, vol. I called, unsurprisingly, "The Prohibition Against Going to Secular Courts." It begins: The Torah states (Exodus 21:1), “Ve’eleh ha-mishpatim asher tasim lifneihem,” “And these are the statutes which you shall place before them.” The Talmud (Gittin 88b), ...



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