If litigants agree and sign an agreement to to have their differences adjudicated or arbitrated by a panel, according to the laws of the Torah, that will have the authority of a Bais Din.
Is it important to have an appeal process for a Bais-Din's rulings?
See attached:
https://docs.google.com/document/d/0B5j6onefLPsZQkE4TmhrRlB6WVN2X1hpdFBqM1h4OWM5U0VF/edit?usp=drivesdk&ouid=117460917278692812246&resourcekey=0-WsGpyLOLaDvCZGMWqqG7nQ&rtpof=true&sd=true
ReplyDeleteIf two people agree to follow the ruling of a third party (Can be more then one person) there is no reason for an appreal. What for ?
ReplyDeleteIs Rav Rosenberg with Mechon Lehoyroah? Or which beis din?
ReplyDeleteThe Courts have an appeal process even though all parties agreed to submit to the Court.
ReplyDeleteThe Rabanut Bais Din has an appeal process.
With an appeal process, the arbitrator is in a more dangerous position as far as the litigants are concerned.
Sure they agreed to submit to a third party, so why are they not entitled to question their outcome?
Tue Jan 03, 12:47:00 PM 2023
ReplyDeleteIf one side questions the outcome when they fully agreed to go to a third party, that implies that did not totally agree to the third party result BEFORE hearing what they say. Thus the third party should not even submit to their request.
Just because the Israeli Rabanut has a appeal process does not mean that the parties totally agreed to the bais dins final psak. In fact, its built in that he will only agree if he likes the psak. That a lot different when the two parties totally agree to abide by the third party result. ( which most of time is some sort of Pesharah).
Why doesn't Botei Din want an appeal process?
ReplyDeleteThey know that they can't back up their Psak.
That's why they refuse to put in writing "chapter and verse" of where in Halacha is their basis.
Etc.
They are not beyond reproach, it's very often that they miss the boat, therefore there must be an appeal process.
Pesakim should have an appeal option just like Halacha has a appeal process.
ReplyDeleteIn other words: Shop for your pesakim with the chosen winner posek.
Here we know all about this.
Can anyone just say they’re a Kashrus Agency or a “ mumcha “ in any field. Should there be a set of qualifications as well as recognized rabonim who say they’re legitimate ? The Kosher Consumer would like to know
ReplyDeleteAre you Litvish or Chasidish?
ReplyDeleteAre You in town or out of town?
Are you Yeshivish or Maudernn?
Are you jewish or not?
Are you conservative, Reform or Orthodox?
Even you you answer all the above there still will no prequalified person for anything to satisfy all.
http://btzedektishpoit.org/story-time-with-rabbi-avi-kirch/
ReplyDelete