[Avodah] Masneh al Mah Shekassav baTorah

rabbirichwolpoe at gmail.com rabbirichwolpoe at gmail.com
Sun Dec 27 21:31:39 PST 2009


MSS: 
> Nu, this isn't a BD so those p'sulim don't disqualify them. This is an
> accepted binding arbitration board that now has a lot of powers (I'm
> giving one paradigm, not defining it). They can't go against Torah and
> where they don't know they use their best judgement.

OK so why can't an invalid tnai re: yerushah [BB 126] equally "morph"
into valid t'nai re: mattanah which does work halachically speaking? But
we don't say that, rather we say the entire enterprise is batteil instead.

I guess had Rema said: if any tzibbur wishes to appoint a board of
arbitration in lieu of appointing a BD and then they would no longer
subject to the laws of appointing dayanim I would agree with you w/o
further ado

It's just not so likely this is what the Rema means, nor did I see any
of the meforshim pick up on this.

KT
RRW
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