Can a Litigant Demand an Explanation for a Bais Din's Ruling?
Question: A litigant was unhappy with a bais din's ruling and wants a written explanation of their decision. Can he demand this type of documentation?
CLICK BELOW TO WATCH THE VIDEO | | Rav Yaakov Semiaticki
Answer: Prior to the commencement of the Din Torah, the parties may request that the explanations for the p'sak be issued at the end. Because the case is heard with this in mind, the Dayanim are obligated to provide such a document.
In the shtarei beirurin used today, it is stated that both sides give up their right to ask for an explanation for the ruling. The reason this is done is that there often is one side that is unhappy with the decision and it would take a lot of time and resources for a bais din to write everything up in a way that would satisfy everyone.
In our bais din, although we do not have an obligation to provide explanations, if one side requests it and is willing to pay for the time it takes to write it, we will provide it, on the condition that whatever money the ruling obligated is immediately paid, or where relevant, placed in an escrow account. This is to ensure that p'sak is abided by no matter what.
| | If you have any questions related to these shiurim, you can reply directly to this email. | | OR SEARCH "BUSINESS HALACHA DAILY" VIA YOUR FAVORITE PODCAST VENUE | | | | | | |
|
Mrs. Jodi Fried
