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MOED KATAN 16

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MOED KATAN 16 - This Daf has been dedicated l'Iluy Nishmas Esther Chaya Rayzel (Friedman) bas Gershon Eliezer, whose Yahrzeit is 30 Av, by her daughter and son-in-law, Jeri and Eli Turkel of Raanana, Israel. Esther Friedman was a woman of valor who was devoted to her family and gave of herself unstintingly, inspiring all those around her.

SUMMARY

If a person insults the agent of Beis Din, it is permitted to repeat the insulting words to the Beis Din, and it would not be regarded as Lashon ha'Ra.
 
If a person fails to heed the instructions of Beis Din, he is liable to be excommunicated. (1)
 
A person that is non-compliant with a decision of Beis Din regarding a financial issue is warned three times, on Monday Thursday and Monday again, and if he continues to be recalcitrant, then he is excommunicated. (2)
 
Excommunication may be immediately revoked by the Beis Din. However, if the basis of the excommunication was because he insulted Torah sages, the excommunication period may not be less than thirty days.
 
There is a dispute between Abaye and Ameimar whether an excommunication may be revoked ONLY by the same Beis Din that implemented it.
 
In Bavel excommunication is only for seven days; the same as a Nezifah (censure) in Eretz Yisrael. A Nezifah in Bavel is only for one day.
 
A righteous person has the power to revoke a decree of Hashem Yisbarach.

A BIT MORE

1. Beis Din may also Machrim (place a curse on) a person who does not heed them for a period of sixty days, and they may publicize his wrongdoing. They may also take away his property and make it Hefker (ownerless).
 
2. A person is only given a warning prior to excommunication involving a financial matter. However, if the person insulted Torah sages, he is immediately excommunicated.

BRIEF INSIGHT

The Gemara learns out from Dasan and Aviram that if a person insults the agent of Beis Din, it would not be regarded as Lashon ha'Ra to repeat the insulting words to the Beis Din. The Iyun Yakov asks that Dasan and Aviram were instigating a Machlokes (quarrel) and the Yerushalmi says that it is permitted to say Lashon ha'Ra on a person who instigates a Machlokes. Consequently how is it a proof from Dasan and Aviram that it is permitted to repeat the insult to an agent of Beis Din? The Ben Yehoyada answers that it is only permitted to say Lashon ha'Ra on a person who instigates a Machlokes if that Lashon ha'Ra will help alleviate the Machlokes. In the case of Dasan and Aviram the Lashon ha'Ra that was not in any way helpful in stopping the Machlokes and was only permitted because they insulted the agents of Moshe Rabenu.

QUICK HALACHAH

A person that commits a transgression is immediately excommunicated. Regarding financial matters a person is not excommunicated until he is warned by the Beis Din three times, on Monday Thursday and Monday again. (Shulchan Aruch YD 334:1)
 
The Beis Yosef implies that even regarding a person who commits a transgression he is not excommunicated until he is warned [at least once]. (Shach)

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