Rabbi Yosef Gavriel Bechhofer הרב יוסף גבריאל בקהופר
Wednesday, October 10, 2007
The Pitfalls of Zavla, the AhS
The major issue with the AhS is that the "dayan" mitzad the "nit'anim" understands it to mean that he is totally justified in promoting and advocating his "client's" position. He therefore finds no obligation incumbent upon himself to pursue a psak l'amitah shel Torah. That's the shelishi's job, not his. His is to defend and argue his position to the hilt. How he did that, is quite simple, and goes to the other avlah of the shtar birurin, which a greener like me did not spot. Can you?
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You are being too hard on the AhS. He says (seif 3) that the dayanim, while working for their side, have to do so without tachbula or ha'arama - only "mah she'efshar al pi din b'emes ub'tzedek". A dayan still has no right to justify what he knows is wrong l'amito shel Torah. I would say the difference is that a dayan can't offer in defense of his client a sevara he knows is wrong, but can offer a sevara that he would ordinarily not be willing to advance if it is possibly correct and in this case helps his client. Do you disagree?
ReplyDeleteOf course, the system only works if you are dealing with people of integrity who follow those very exacting standards.
See the next installment.
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