REVACH L'DAF
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SUMMARY
1. There is a requirement Min ha'Torah to question the witnesses in a court case.
2. Sometimes a litigant is entitled to compensation for a mistaken ruling.
3. One opinion maintains that a Beis Din of one judge is acceptable Min ha’Torah.
4. According to the opinion that permits a Beis Din of one judge, a Beis Din of two judges is also acceptable.
5. Chatzi Nezek may be Mamon or Knas.
6. While the Torah requires a Beis Din to consist of an odd number of judges, some Tanaim maintain that there are exceptions to this rule.
7. The number of judges required for Semichah and Arifah is subject to a dispute amonst the Tanaim.
8. According to Rebbi, a Beis Din for Mamon must have five judges.
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A BIT MORE
1. Min ha'Torah the witnesses in all court cases must be interrogated by the Beis Din. The Rabanan, however, eliminated this requirement in monetary cases so as not to deter people from extending loans. A potential lender might refuse to extend a loan because he will be unable to retrieve his money if his witnesses err in the interrogation and thereby become disqualified.
2. If a judge who is not a Mumcheh (doesn't have Semichah) errs in his ruling, he must compensate the litigant who suffered a loss due to his error.
3. Rav Acha Brei d'Rav Ika says that, Min ha'Torah, a single judge is allowed to adjudicate a dispute regarding a loan. The Rabanan, however, required a minimum of three judges, in order to ensure that at least one of them will be qualified to judge the case.
4. Shmuel says that a ruling issued by a Beis Din of two judges is valid, but the Beis Din is regarded as a Beis Din Chatzuf (brazen), because the Rabanan require a minimum of three judges.
5. When a Shor Tam causes damage, the owner must pay Chatzi Nezek. There is a Machlokes as to whether that Chatzi Nezek has the status of Mamon or Knas.
6. The Rabanan maintain that a Beis Din must always have an odd number of judges. Rebbi Yehudah points out that the Sanhedri Gedolah consists of seventy judges. Rebbi Yoshiyah maintains that the Torah requires an odd number of judges only when a Beis Din judges a capital case, but a Beis Din with an even number of judges is acceptable for a monetary case.
7. Rebbi Shimon maintains that a Beis Din of three judges is required for Semichah and Arifah (breaking the neck) of an Eglah Arufah. Rebbi Yehudah maintains that five judges are required.
8. The Rabanan maintain that a Beis Din of three judges may adjudicate monetary disputes, but Rebbi maintains that five judges are required.
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