Lesson Nineteen: If a Litigant Suspects a Dayan of Unfairness

The main points of Lesson 19 are:

1.    The Rema rules that the losing litigant is only entitled to appeal the local Beis Din’s ruling to the Beis Din HaGadol—and by extension to request the lower Beis Din’s ruling in writing—when the local Beis Din summoned him to Beis Din and judged him against his will.

2.    The local Beis Din is only required to present him with a written copy of their ruling if he explicitly requested it.

3.    This written report records the arguments and proofs that were presented to Beis Din and their ruling; it does not need to include the reasoning behind their ruling.

4.    If one litigant appears to be skeptical of the Beis Din’s ruling, the Dayanim should explain it to him even if he does not explicitly request it and even if we know that he has no intent of appealing to the Beis Din HaGadol.

5.    This explanation can be given orally, it does not need to be written down.

6.    The Dayanim only need to explain the reasoning behind their ruling when his skepticism has some reasonable basis.


TO'EIN RABBANI LESSON 19.pdf
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