Sunday, March 7, 2010

The Daf Yomi - In-depth practical case-study analyses derived directly from each day’s Daf.SANHEDRIN DAF 23 CHOOSING A BAIS DIN


Q:What is a zabla how does it work nowadays is it a good idea

A:A zabla is where 2 litigants choose for themselves a borer(dian) and then there is a 3rd party today we speak to the borer b/4 the din torah and we pay them the shalosh(3rd party) payment is shared by both litigants Q#2how can the borer hear the case w/o the other litigant and get paid A#2 the A"H says they make a tanai amongst themselves to accept this situation the Shevet Halevi argues and says the other litigant can disagree with this type of zavla but if they both get lawyers then it not such a problem the Rama says a zavla only works when there is no bais din kavua (the kehilla supports the bais din) a zavla causes a lot of headache b/c it can go on for a while the best way is to get a dispute resolution clause which will save you alot of headache

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