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![]() Shabbat Parashat Eikev 5773P'ninat Mishpat: Judging a Non-participant(based on and article by Rav Ido Rechnitz in Mador Tzedek of Makor Rishon)A couple was married for 34 years, during 12 of which they lived in The wife is demanding $175,000, half of the proceeds of the sale of their joint house in The gemara (Shvuot 30a), dealing with a case where a plaintiff brings witnesses to support him but the dayanim feel that there is deception involved, says that beit din cannot rule based on a lie, even if it is a winning case from a formalistic perspective. The Rambam (Sanhedrin 24:3) says that in this case, the dayan who is suspicious should opt out of the case and let someone else sit. The Rosh (Sanhedrin 4:1) distinguishes between cases where the suspected litigant is the plaintiff, in which case not adjudicating is logical, and a case where the defendant is suspected, in which case, not ruling is to his advantage. The Rosh (Shut 107:6) extends the concept to a defendant who refuses to answer beit din’s questions. He rules that beit din should treat the matter as if he made the statements that beit din intuits that he is hiding. Beit din posits that if the defendant is not even willing to show up, the Rambam agrees to listen to the case presented by the plaintiff to see if it is convincing. Both the rabbinical and general court systems do not accept fear of being prevented from leaving the country as an excuse for not adjudicating. The rules of the Rabbinical Courts also do not accept the representation of a lawyer as a valid substitute when it does deem it to be innately equivalent. Therefore, beit din obligates the husband to give the wife $175,000 plus court expenses. ![]() ![]() ![]() |
Refuah Sheleimah for Rabanit Itah bat Chana Ehrenreich amongst the sick of Klal Yisrael This edition of is dedicated Yechezkel Shraga Brachfeld o.b.m Hemdat Yamim is endowed by Les & Ethel Sutker of Louis and Lillian Klein, z”l Dedicated in memory of Gital Gila Bat Eliyahu Michael a”h on the occasion of her yahrzeit, Av 21st Hemdat Yamim of this week is dedicated in memory of Yitzchak Eizik ben Yehuda Leib Usdan a"h, whose Yahrtzeit is the 29th of Av Hemdat Yamim |