Can a rov that authorized a person to make a false allegation to police against me be called to a din Torah. The rov didn’t know that the allegation was false he never bothered to check it out however this rov is part of the local bais din and they won’t call him to a din torah.
Answer:
This is a very delicate question, and depends very much on the circumstances of the case. If, as you write, the Rav didn’t know that the allegation was false, the question is whether he acted negligently in believing it or not, and the degree of the negligence involved.
Therefore, it is hard to say whether or not he can and should be called to a Din Torah, although from the sound of things, he won’t be liable for damages caused.
Please see also comments below.
Best wishes.
I accept the notion that the beis din might exempt the Rav for damages caused, since this was merely גרמא which is פטור בדיני אדם.
However since גרמא is חייב בדיני שמים, there still might be a point in taking his grievance to beis din, since they might advise the Rav to make some form of restitution to the victim in order for the Rav to be able to achieve מחילה from the person he wronged.
Most disturbing to me is the following question. If as the person writes, the Rav never bothered to check out if the allegations were true or false, how can this Rav be qualified to be part of the local bais din?
The Shulchan Aruch (CM 17:5) states that a Dayan is prohibited from hearing a claim against another person, when the person isn’t present to defend himself. It follows, that a Dayan who flagrantly transgressed this halacha should have his credentials questioned.
I understand that this is a very delicate question, and I would also understand the reluctance of the local beis din calling their colleague to task, to defend himself against such an accusation. Moreover, as his colleagues, the local beis din might be considered נוגעים בדבר, and should probably recuse themselves from hearing such a case.
Therefore, it might be more appropriate for the complaint against this Rav to be heard by a different and independent beis din.
Thanks for raising the point; I have referenced the comment.
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