Question about lesson 14 in doubt
Hello Rabbi,
The rabbi divided the shiur between “majority of daita” and “majority of dalitah” in that ita is a majority based on reason, while lita is a majority based on a sample. In this context, the rabbi explained that the majority of dayanim is a majority of daita, but emphasized that it is still based on reason – that the majority is usually right when everyone is equal in wisdom. I wanted to ask two questions following this:
- If a majority of dayanim belongs to the majority of daita, how does the distinction of “resignation” belong to it? Is it possible that “resignation” is not a characteristic that defines the type of majority, but merely a side issue?
- In addition, if I have a reasonable assumption that the majority is right, why is it not possible to build a (negative) sample from this that tells me that in most compositions of 3 judges who have been and will be, most of the time (without knowing the %, but it is enough for me that it is a majority) the majority is right. And based on this model, we can learn from other cases. According to this, even if there is an assumption, most of the judges can still be classified as a Dalit majority, and hence, explanation is not the defining characteristic of a Daita majority.
Thank you very much for the excellent lessons.
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0 Answers
The majority of the judges is a majority of data and therefore it is based on conjecture (and not that it is based on conjecture despite this).
I explained in detail in the lesson the separation that belongs to the judges. The ruling is before us and every judge takes sides on it, just like with the piece of meat and the shops. I mentioned that perhaps this is also Mordechai’s intention in Cholin.
How do you build a sample of panels of judges when you have no way of knowing who is right in any case?
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