Sunday, March 7, 2010

Sanhedrin 23 – Selecting Judges for Monetary Cases

Monetary cases are judged by a court of three judges. This includes cases of disputed loans, theft, bodily injury, and monetary damage.

If the defendant is unwilling to come to trial, any court of three can impose its authority. Moreover, if the defendant resides in a city that has an established official court, he cannot choose a new court for judgment. However, if he is willing to be judged but does not agree to the suggested court because it is either too far or is not qualified, they can use the following procedure:

One litigant selects a judge, the other litigant selects a judge, and both litigants together select one more judge – these are the words of Rabbi Meir. But the Sages say: “The two judges selected by the litigants select a third one.” The judge selected by each litigant will make sure that his position is clearly represented.

Art: Gerrit van Honthorst - Old woman examining a coin

No comments: