Series: Daily Shiur

Venue: Kew Gardens Hills Kew Gardens Hills

Gemara:

Bava Batra 

Halacha:

Bein Adam l'Chaveiro,  Beit Din,  Choshen Mishpat,  Nezikin 

Machshava:

Business Ethics,  Ethics 

Collections: Rabbi Berzon: Bava Batra

Description

The Rama drives a new principle in the laws of judges (dayanim) from our Sugya. The judge may not award the plaintiff more that the latter sued for. The plaintiff sued the defendant for 10, but deserves, acc' to the law, 100, yet the judge may not rule that the defendant pay the plaintiff a cent more than 10 - the amount of the claim. This rule seems to undermine many of the basic laws of Jewish morality. The Schach's attempt at explaining the Rama's rule on the basis of the possibility of "mechila", i.e. that the plaintiff waived his legal rights to any amount above 10 seems very difficult. Isn't it possible, if not likely, that the plaintiff was mistaken and unaware of his legal rights? Shouldn't the judge at least investigate the matter?