[Avodah] Masneh al Mah Shekassav baTorah

[Samuel Svarc]

On Mon, Dec 28, 2009 at 12:15 AM,  <rabbirichwolpoe at gmail.com> wrote:
> Micha:
> Plz Post if you wish
>
> MSS:
> «I think you have just answered your question. Their not making a tnai
> against Torah - and in fact they can't pasken against anything in
> Torah. They are agreeing to be bound by particular people in cases
> were they don't know what the din is. E.g. If this BD knows dinnie
> yerusha they can't pasken not in accordance. If they don't know then
> their psak is valid.
>
> Good question: What happens when they paskened in a state of lack of
> knowledge and then a TC comes to town?
>
> KT,
> MSS»
>
> Maybe so
>
> Remember, though that the rules are not just about ignorance
>
> There are other rules
> EG two brothers
> A ger
> Etc.
>
> The torah says don't appoint these as dayyanim nevertheless by concent they can be appointed despite their "P'sul"
>
> And they are not just doing pesharah or arbitration! They have authority to "subpeona" etc.
>
> [I'm not saying there is NO answer, I'm just not clear what the answer would be]

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.

KT,
MSS