The King’s Trial Before the Courts
Hello Rabbi,
For those who hold, as the Ran’s method does, that in parallel with the courts that are conducted according to halakhah, a system of courts for the king’s trial should be established: What is the meaning of the prohibition of courts? If the legal system is decent, and its goal is social order, then it is the king’s trial after all. If so, in what situation is the prohibition of going to courts meaningful? Doesn’t the Ran’s method empty this prohibition of its content? Is it possible that in his opinion every court matter is a matter for judges who are not authorized to adjudicate, and is unrelated to the content of the law (whether it is halakhah or not)?
Good question. I think that the prohibition of courts is a legal system that is not derived from the Torah. The King’s Law does derive from it. I don’t think that this disqualifies certain judges, because there are no rules for appointing judges in the King’s Law. These rules deal with judges in the regular courts. It is about the source of the system’s authority and its consideration of Torah law (i.e., the understanding that it is not alone in the field).
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