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Rosh Hashanah 031: Could a smart lawyer have gotten the woman off on
a technicality??
alex lebovits asked:
In the Gem. a woman was summoned for litigation before Ameimar in
Nehardea. She failed to appear before him in Mechoza and he put her
in cherem. Could one not have argued on her behalf that the summons
specified 2 things; one that she was to appear before Ameimar and the
second that she was to appear in Neherdea?! How then could she be put
in Cherem because she ignored the court summons?
Kol Tuv,
alex lebovits, toronto, canada
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The Kollel replies:
The Meiri was bothered by your question, and says that in normal
circumstances, someone summoned to Beis Din who finds that Beis Din
are not in situ, is not obligated to seek out the Beis Din. He
explains that our Gemara refers to a case where a Beis Din summoned
the lady to appear in front of a more prestigious Beis Din in a
different town. In such a case, the Meiri argues, the person
summoned, upon finding that the Beis Din are not sitting in the place
to which he has been summoned, is expected to realize that if the
Beis Din which summoned him to appear in front of this Beis Din had
known that this Beis Din would not be in this place, they would,
without a doubt, have sent him to the place where the Beis Din are in
fact situated, and is therefore obligated to seek out the Beis Din,
wherever (within reason) it may be. Since this woman did not do so
she was liable to the sanctions that the Beis Din laid on her.
The Meiri, however, brings others who are of the opinion that even in
the case of a regular summons to Beis Din, it is up to the person
summoned to follow the Beis Din to whichever place it may have gone
to. In this case, we can assume that the woman was told where the
Beis Din were, or was capable of discovering their whereabouts, and
was therefore considered culpable for not following them.
Either way, in the case of the Gemara, we do not view the summons as
meaning specifically this Dayan in this specific place, and the
person summoned is expected to understand this.
Dov Freedman
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