Parsha & Halacha: Must Beis Din supply the reasoning for their judgement?

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Date:
February 12 2016
Length:
1h 4min 10s
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35
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Series: Contemporary Halacha

Venue: Jerusalem Jerusalem

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In this Halacha shiur for Parshat Mishpatim, we will address the q': must Beis Din supply the reasoning for their judgement? We will study the mishna & sugya in Sanhedrin as well as a sugya of R' Papa in Bava Metzia. As a primary rule B"D is not required to proving explainations & reasoning for their verdict. There are, however, 2 main exceptions to this rule. They are: חשד וכפייה. What cases come under חשד? When there is objective reason to suspect that the Dayan was biased against one of the litigants. What is כפייה? When the Beis Din compelled the litigant to be judged in the local court against the will of the litigant to appear before a higher B"D. We will discuss the contemporary situation re: B"D of the רבנות of the State of Israel.

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