[Avodah] Masneh al Mah Shekassav baTorah

[rabbirichwolpoe at gmail.com]

MSS:
> «<rabbirichwolpoe at gmail.com> wrote:
>> In a recent daf [BB 126] it is quite clear that anyone who makes a tnai
>> upon what is written in the Torah, that t'nai is batteil.

>> I'm looking at Rema Choshen Mishpat 8:1
>> "Any tzibbur may accept upon themselves a beth din that is not worthy
>> according to the Torah"

> I fail to hear the difficulty. Could you elaborate?

OK - As per Shas:
If Reuven makes a tnai in an agreement to disregard a torah law the
condition is bateil.

EG from 126 a father cannot make a tnai to disregard hilchos y'rushah

-----------------------

Now OTOH the Rema pasqens that a tzibbur can - by mutual consensus -agree
to disregard Torah laws when appointing a beis din. How can that be?
Since Torah laws may not be disregarded in an agreement therefore how
can they be disregarded when appointing dayyanim? Shouldn't those
appointments be bateil?

[Note: FWIW I would guess the Rema is referring to a community that has
no better alternative.]

I hope this helps
RRW
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