REVACH L'DAF
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SUMMARY
1. The validity of a Beis Din of two judges is subject to dispute.
2. A single judge may rule in a case if the litigants accept his authority.
3. If a judge errs in Shikul ha'Da'as, the Din is not reversed.
4. If a judge errs in a Dvar Mishnah, the Din is reversed.
5. There is a dispute as to whether a Pesharah requires three judges or only one.
6. A Pesharah requires a Kinyan.
7. A judge may not suggest a Pesharah after the Gmar Din.
8. There is a dispute as to whether a Pesharah is a Mitzvah, Reshus or forbidden.
9. A judge should not have fear.
10. A student sitting in front of a judge must speak his mind.
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A BIT MORE
1. Rebbi Avahu maintains that a judgment rendered by a Beis Din of two judges is not valid. Shmuel maintains that the judgment is valid but the Beis Din is called Chatzuf (brazen).
2. If the litigants in a case agree for one judge to rule in their case, his judgment is valid even according to Rebbi Avahu.
3. When the litigants in a case ask a single judge to rule in their case, they expect him to "judge according to the Torah." Therefore, if he errs in Shikul ha'Da'as (i.e. he rules in accordance with an opinion that is not generally followed), he is obligated to compensate the defendant who lost the case.
4. If a judge errs and issues a ruling that contradicts an explicit Mishnah, his ruling is reversed and the litigant who received money must return it.
5. According to Rebbi Meir, the Torah equates Pesharah to Din and just as three judges are required for Din, Pesharah also requires three judges. The Chachamim maintain that the Torah does not equate Pesharah to Din; therefore, only one judge is required.
6. If two litigants agree to allow a Beis Din to arrange a Pesharah (compromise), a Kinyan is required to finalize the Pesharah. If no Kinyan is made, the litigants may retract their agreement.
7. The Tana Kama maintains that a judge may suggest a Pesharah until the final decision is made. Rebbi Shimon Ben Menasya maintains that even before the final judgment is made, once the judge knows what the probable verdict will be, it is too late to make a Pesharah.
8. The Tana Kama maintains that a Pesharah is a Reshus (optional), Rebbi Eliezer the son of Rebbi Yosi ha'Glili maintains that it is forbidden to make a Pesharah, and Rebbi Yehoshua Ben Korchah maintains that it is a Mitzvah to make a Pesharah.
9. In a court case in which one of the litigants is an intimidating person, if the judge realizes that that litigant will lose the case, he is not allowed to avoid judging the case due to his fear of that litigant.
10. If a student of a judge is present in Beis Din and is aware of an argument in favor of a poor litigant or against a rich litigant, he is required to speak and advance that argument.
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Index to Revach for Maseches Sanhedrin
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