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Court rulings

שו”תCategory: HalachaCourt rulings
asked 8 years ago

In the SD
Is there a place in the Jewish legal system for rulings based on the judge’s intuition, as in the civil legal system, and if so, what is the source of this?


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מיכי Staff answered 8 years ago
Yes. In the law of money, from the very beginning of the law, everything is determined by the opinion of the judge, but in other areas the judge can only deviate from a fraudulent law. See Rambam, Hala Sanhedrin, beginning of P. 25 and beginning of P. 26.

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משה replied 8 years ago

Like the Amoraim in Tractate Ketuvot who transferred an oath from a woman to her opponent because someone they trusted said she was a liar, they also forged a document in a similar manner.

מיכי Staff replied 8 years ago

This is the source cited on the subject of tools there.

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