Hello,
I have a quick question (I hope). I had financial question, so I went to a Dayan, presented the details, and he gave me a written psak. The issue is now moving towards a Zabla. Can the other baal din passel my Dayan because he gave a written pask.
I know a Rov on a din torah should not hear one side without the other. That does not seem to be followed stricly, for whatever reason (maybe both sides agree, as is the nature of a Zabla). The issue here is whether because the Dayan actually gave a written psak makes he is in a worse position to sit on the Zabla than he regualr case where the dayan hears to case and agrees to be part of the Zabla.
Is there a source that makes this dayan possel from sitting on the Zabla
Thank you.
Answer:
Based on Shut Rashdam (Choshen Mishpat 2) it is not permitted for a Dayan who has issued a ruling to be a Dayan on the case.
However, other authorities dispute this (see Chacham Zvi no. 131; Pischei Teshuvos Choshen Mishpat 17:10), and the Maharash Engil (7:88) writes that the principle does not apply to cases where the dayan will be part of a panel of three in Zabla. This is true all the more because the first ruling was issued without hearing both sides, so that the ruling has no binding power, and is only given by way of advice.
Therefore, the other ba’al din will not be able to disqualify the Dayan from being on the panel of three.
Best wishes.
