[Avodah] Masneh al Mah Shekassav baTorah

[Samuel Svarc]

On Mon, Dec 28, 2009 at 12:31 AM,  <rabbirichwolpoe at gmail.com> wrote:
>
> Plz post:
>
> 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.
>
> KT,
> MSS»
>
> 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.

Explained already, because then you're going against what you know to
be Torah. Whereas, the same way you can have two brothers as partners
in a business and this isn't, somehow, against having them on a BD,
you can have two brothers on this "arbitration" board which is not a
BD.
>
> I guess had Rema said: if any tzibbur wishes to appoint a board of arbitration in lieu of appointing a BD

There is no in "lieu" here. They are unable to have a BD so instead of
having the Wild West they use 'sechel'. If they can have a BD they
cannot have this.

> and then they would no longer subject to the laws of
> appointing dayanim I would agree with you w/o further ado

What's the lashon?

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

I've heard this quoted many times b'shem R' Akiva Eiger. Nu, so it was
really the Rema.

KT,
MSS