[Avodah] public bet din

[Micha Berger]

On Fri, Jul 11, 2008 at 12:17:08AM -0400, Richard Wolpoe wrote:
: On Thu, Jul 10, 2008 at 6:01 PM, Micha Berger <micha at aishdas.org> wrote:
: > On Thu, Jul 10, 2008 at 02:54:49PM -0700, Eli Turkel wrote:
: > : I am not aware of any plave that says that monetary bet din procedures
: > : are closed to non-participants...

: > Me neither. What about LH -- attendees who don't need to know about the
: > baal din's unreliability will learn LH. Or worse, motzi sheim ra if
: > someone isn't around to hear the person was found to be dealing honestly,
: > and just heard the accusations.

: IF one person accuses in Mamaonos it is ussually enough to require sa
: shavua, so it is NOT motzi sheim ra

I don't follow.

David walks into the court, hears Re'uvein accuse Shim'on of dishonestly
ripping him off. Listening to the case he forms an opinion, and he happens
to believe Re'uvein's side of the story. Shim'on takes a shavu'ah --
so now David believes that Shim'on did a second aveirah.

If Shim'on is innocent, the person accepted MSR.
If he's guilty but the man in the gallery would never be doing business
with Shim'on, it's LH.

Either way, isn't there a high probability that allowing an audience
into a BD for CM would raise shemiras halashon problems?

How does the shvu'ah avoid that?

: OTOH dinei kalkus/missa a sinlge witness is guilty of LH motzi sheim ra fro
: coming w/o another. Masham the problem is the witnes not the laudience.

... or that they didn't have audiences, and therefore no one even
existed in order to have a problem.

:-)BBii!
-Micha

-- 
Micha Berger             "The worst thing that can happen to a
micha at aishdas.org        person is to remain asleep and untamed."
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