How Quickly Do I Need To Respond To A Hazmana
Question: Reuven received a hazmanah to a din Torah and needs time to prepare his case. How long can he expect to be granted by the Bais Din?
CLICK BELOW TO WATCH THE VIDEO | | Rabbi Dovid Jasilowsky
Answer: Although the Gemara says that the Din Torah is to be scheduled for the day after the hazmanah is delivered, the Meiri explains that he is given enough time to come to bais din without feeling rushed and overwhelmed. The Rema writes that he is given three days.
The Rashba adds that if someone asks for more time, it is up to the discretion of bais din to decide if the extension should be granted. If they see that he is simply stalling as a tactic or for other nefarious reasons, they should not grant the extension. But if they are reasonably convinced that he needs time to prepare his case, they should grant the extension, as this will lead to a more truthful outcome.
In today's batei din, the case almost never begins right after the hazmanah is sent and both sides are usually given ample time to prepare.
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