Is this all a man’s whim? Or a legitimate decision?
The elected political leadership of a Torah settlement saw that the coffers were empty.
Need to save on expenses
See, there is a clause that costs money, and that is claims for damages caused by the settlement.
(Well, not really because there is insurance that pays, but rather the cost of the insurance…)
They decided that from now on, the community will not look favorably on a lawsuit against him if he caused harm, and if anyone dares to sue (Torah law or court doesn’t matter), the community will publicly shame him.
This is a good solution so that none of the injured parties will sue the settlement, and thus expenses can be saved.
I asked:
After all, we all, as individuals, as a society, as an organization (and even as a state), must be careful not to cause harm, and if we do, we must pay or at least appear in court if we are sued.
How can a public body declare that it is not condemned?
It seems to me something violent and bullying.
Indeed?
And if this is unfair, is it the role of the local rabbi to stop this injustice?
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I spoke with a rabbi of a large minyan in the settlement
and he claimed that it is reasonable that there are frivolous lawsuits…
I argued to him
1. It is not possible for the defendant to decide for himself what is frivolous and what is a real lawsuit; this is the role of the judge-judge, not the defendant.
2. It is assumed that in the end they will trample on the weak and they will not dare to sue even for a true lawsuit for fear that they will trample them or in fact crush them and the lawsuit will be dismissed because they are weak
and the strong will sue and sue both true lawsuits and frivolous lawsuits and the settlement will be afraid of them because they are strong.
So that the division will not be between a true lawsuit and frivolous lawsuits
but between the weak who would be damned if they were to raise their heads and therefore will not sue and the strong who the leadership of the settlement is afraid of them…
Who is right, me or the rabbi of the minyan?
Again, I'm only hearing one side here. But from your description, it's clear you're right.
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