Wednesday, March 17, 2010
The Daf Yomi - In-depth practical case-study analyses derived directly from each day’s Daf.SANHEDRIN DAF 32 CHILD CUSTODY AND COMPROMISE
Q:How does a child custody case work in bais din and there a bus and a car who has the right of way
A:Rav Gardner says there are 2 distinct poles in child custody 1.a boy goes to the father b/c of chinuch and a girl goes to the mother whats best for the child 2.Rav Gardner says parents have rights to children apply factors of compromise Rav Gardner also says if child is doing good in the home but can get better chinuch in another home we do not take him out of his home b/c there no precedent in the poskim Rav Dovid Cohen argues but if there a danger to the kid Rav Gardner says bais din can step in the Mishpat Halevi says the poskim have a machlokes by a bus and a car who has the right of way some poskim say the precedence rules apply other poskim say if he can move to the side it does not apply
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