Jewish Law Responds to American Law 173

47. 48. 49.

50.

Ex. 18:13-27.

M San. 1:1.

Ibid., 1:1, 3:1.

San. 14a“ R. Joshua b. Levi said:‘There is no ordination outside Palestine.’ What is to be understood by,‘There is no ordination?’ Shall we assert that they have no authority at all to adjudicate cases of kenas outside Palestine? But have we not learned,‘The Sanhedrin has competence both within and without Palestine?’ This must therefore mean that ordination cannot be con­ferred outside Palestine.”

The need to establish this quasi-judicial authority in the Diaspora was resolved by the Talmudic rabbis in Babylon. Our rabbis taught:” Monetary cases are decided by three, but one who is a recognized Mumheh may judge alone. R. Nahman said: One like myself may adjudicate monetary cases alone. And so said R. Hiyya.” The following problem was consequently pro­pounded: Does the statement“one like myself” mean that as I have learned traditions and am able to reason them out, and have also obtained authoriza­tion, so must he who wishes to render a legal decision alone, but that if he has not obtained authorization, his judgment is invalid? Come and hear! Mar Zutra, the son of R. Nahman , judged a case alone and gave an erroneous decision. On appearing before R. Joseph he was told: If both parties accepted you as their judge, you are not liable to make restitution. Otherwise, go and indemnify the injured party. Hence it can be inferred that the judgment of one, though not authorized, is valid. Rav said: Whosoever wishes to decide monetary cases by himself and be free from liability in cases of erroneous decision, should obtain authorization from the Resh Galuta. And Samuel said the same thing San 4b ff. See also R. Judah Lowe(1520- 1609):“In some coun­tries and in some communities they turn justice into wormwood. They have set up ignorant men as authorities, men who know not the meaning of justice and law. It has reached a point where those who are qualified, the real schol­ars, see with their own eyes the perversion of justice... and they are helpless even in redressing the cause of an orphan or a widow... The true sages have no opportunity to correct the vile conditions of this generation, for those in power tell them“you are not our Ab Bet Din that we need be obliged to listen to you.” It is indeed more difficult to bear their yoke than the yoke of the gen­tiles. For when they sense that there be one who does not respect them and

::; rseek to s> opress does not want to recognize their authority, they seek to subdue and opp

and persecute him with every kind of persecution... It is indeed a virtuc

deed to show contempt for such men. The hands of Esau ordained them.” Ben Zion Bokser , From the World of the Cabbalah, New York , p. 39.

Arbitration is encouraged in various Talmudic sources and utilizatior

:> as well as court system is discouraged. M. Baba Metzia 20, Moed Katan 18 as wel

Sanhedrin,t, 2b-3a, 3b, 6a—6b.

David M. Shochet, Jewish Court in the Middle Ages, New York , 1931. Israel Goldstein , Jewish Justice and Conciliation, New York , 1981.: The settlers in colonial New England “deliberately chose as their govern? legal systems the laws of the ancient Hebrew .” BERNARD MEISLIN, JEWISH LAW IN AMERICAN TRIBUNALS 1(1976). ji SI; Morris Schappes , A Documentary History of the Jews of the United States , Jew­ ish Publication Society , Philadelphia , 1971, p. 20.