I sit in a beis din with a dayan who gets angry very easily. He can't seem to control his anger, causing great anguish to the litigants, and a big chilul Hashem at times. I have been asked to approach the av beis din to complain, and I would like to make a solid Halachic case.


Can someone who cannot control his anger be a dayan?

I'd appreciate Halachic grounds and sources regarding the prerequisite of a dayan to be in control of his emotions and outbursts.

  • 6
    Why don't you ask your musmach
    – sam
    Dec 29, 2014 at 20:19
  • 3
    Being a dayan is an awesome responsibility (see, for e.g., Sanhedrin 7a that a judge must cultivate a feeling of reverence and dread for his job). Part of that responsibility is being extremely patient with the people whom you are charged to help (Rambam, Hil. Sanhedrin 25:2, אזהרה לדיין שיסבול את הצבור כאשר ישא האומן את היונק; see also ibid. ch. 20-25). If you are not confident that you can function thusly as a dayan, you should speak to your own rebbi for counsel.
    – Fred
    Dec 29, 2014 at 20:45
  • 4
    Additionally, there are many ways you can apply your knowledge of Choshen Mishpat aside from judging in a beis din. You can help people who have relevant halachic questions about which you are knowledgeable. You can write sefarim. You can give shiurim. You have accomplished an impressive feat by learning Choshen Mishpat, and you now have much to offer even aside from in a judicial capacity.
    – Fred
    Dec 29, 2014 at 20:52
  • 1
    I wish you'd rephrase the question. I was in the middle of writing what i think is a pretty good answer when it got closed.
    – user6591
    Dec 29, 2014 at 23:08
  • 2
    rabbi, the manner in which the question is phrased still sounds like it's seeking a personal psak, because it's asking about a specific person. If you edit the question to merely be about the general case ("Can someone who cannot control his anger be a dayan?") then I'd vote to reopen Dec 30, 2014 at 1:07

1 Answer 1


Lets ignore all mussar and the horrible things Chazzal say about anger. Let us also ignore that humility is one of the seven qualities a judge needs. And we will also ignore the chillul Hashem that can come out from a judge behaving like a child.

Instead I will quote the one source I think may shed some light on this, but keep in mind your situation is not explicitly mentioned.

The Shulchan Aruch in Choshen Mishpat siman 7 siff 8 writes 'Two talmidei chachamim that hate each other are not allowed to sit on a court case together. Due to the animosity between them, each one will put his mind to undo the others words.'

This is not a psul in the judgement bidieved, but the language used lichatchila is a strong one of psul. The important thing to remember is that in laws such as this, the qualification for hate is to have not spoken to each other in three days, out of this animosity.

The Aruch Hashulchan in siff 17 adds 'and the outcome of the ruling will not be true. Also do not appoint two people who's personalities are different in their nature and dealings (seffer hachinuch).

The common theme is that what we've got here is a failure to communicate, which translates as a psul, lichatchila at least, for judges who need to be able to communicate with one another and the litigants. An angry, argumentative person disrupts the system of justice from being carried out to its truthfulness. Especially if his outbursts cause the other judges and or the litigants from speaking their mind.

Disclaimer: I'm not certain the psul mentioned applies to ZaBL'A and a case of pshara krova l'din. But the idea as least seems to hold up.

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