REVACH L'DAF

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SANHEDRIN 5
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SUMMARY

1. A Mumcheh l'Rabim may judge a case alone.
 
2. The Reish Galusa or Nasi may grant permission to a judge to judge by himself.
 
3. A judge from Bavel is always exempt from paying for his mistakes, unlike a judge from Eretz Yisrael.
 
4. A person must receive permission from a Ba'al Hora'ah to rule on matters of Isur v'Heter.
 
5. A student may not Pasken in the vicinity of his Rebbi.
 
6. A person may be given partial or conditional permission for Hora'ah.
 
7. If a judge is undecided, more judges must be added.
 
8. Two judges are sufficient for a Pesharah.

A BIT MORE

1. Although monetary disputes must be adjudicated by three judges, a judge who is an authority on the matter may judge a case alone, even if he was not given permission to do so by the Reish Galusa (the officially appointed leader of the Jewish people in Bavel).
 
2. If the Reish Galusa in Bavel, or the Nasi in Eretz Yisrael, gives a person permission to be a judge, even if he errs in judgment he is exempt from compensating the litigant who suffered a loss due to his error.
 
3. If the Reish Galusa grants permission to a judge in Bavel to rule in Dinei Torah, that judge is exempt from paying if he errs in judgment even in Eretz Yisrael. If a judge in Eretz Yisrael receives permission from the Nasi to judge, however, he is exempt from paying for an error only in Eretz Yisrael. If he judges a case incorrectly in Bavel, he is obligated to pay the litigant who was wronged.
 
4. A person must receive permission from a Ba'al Hora'ah to rule on what is forbidden or permitted. The Rabanan instituted this requirement out of concern that a person might use imprecise language when ruling on matters of Isur v'Heter, and his ruling might therefore be misinterpreted. A Ba'al Hora'ah will give permission to rule on Halachah only to a person who knows how to speak with precision.
 
5. Even a student who was given permission to rule on Isur v'Heter may not rule within three Parsa'os (12 Mil) of his Rebbi.
 
6. A person may be given permission for Hora'ah that does not allow him to serve as a judge. Similarly, a person may be given permission to serve as a judge that does not allow him to rule on a Mum (blemish) of a Bechor (firstborn animal). A person may also be given conditional permission for Hora'ah. For example, a person may be granted permission to rule on Halachah for a limited time period only.
 
7. If two judges come to a decision and the third judge is undecided, even if the other two judges are in agreement, more judges must be added to the Beis Din. Even according to Shmuel, who permits a Beis Din of two judges, a Din that was initially brought to a Beis Din of three judges may not be decided by fewer than three judges.
 
8. A Din requires three judges; however, if the litigants agree to a Pesharah (compromise), two judges are sufficient.

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