[Avodah] Toen in Shulchan Aruch

[Micha Berger]

On Sun, Jun 17, 2018 at 09:49:29PM -0400, Henry Topas via Avodah wrote:
: Can someone point me to the proper source for the role of a toen in
: a din Torah pls?

: Also any source for when did the role of a toen become common practice.

A to'ein is a plaintiff. Could you ever have a din Torah in CM without
a to'ein and nit'an?

Ah, just googled. I take it you mean a to'ein rabbani, a modern Israeli
coinage in order to avoid calling someone an oreikh din, since the
job was defined in a way so as to avoid violating "al ta'as atzmekha
ke'orkhei hadayanim" (Avos 1:8).

The Yerushalmi, Kesuvos 4:10 and BB 9:4 (same quote; both gemaros are
short and it's easy to find the quote), says the issur in the mishnah
is telling only one side the law when they're still trying to phrase
their claim. See also Kesuvos 52b and the Ritva d"h "asinu".

So, while I don't have a maqor for when it became normal to have to'anim
rabbaniim, I would think the place to look is the earliest shu"t that
explain how they're not orkhei din.

Tir'u baTov!
-Micha

-- 
Micha Berger             When memories exceed dreams,
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