By From writings of Harav Chaim Kohn shlita | |||
#277 |
Ha'azinu |
29.10.2015 |
N/A |
Q: How should a majority ruling of beis din be issued to the litigants?
A: The Torah teaches us that the ruling of beis din follows the majority. The ruling is the product of all three dayanim, even if one dissented from the majority opinion.
Therefore, the ruling is made in the name of all three dayanim. If the ruling is issued in writing, all three are expected to sign it, even if one dayan dissented. It is permitted to indicate, though, that the ruling is based on the majority opinion (C.M. 19:1-2; Pischei Teshuvah 19:3).
A dayan who dissented should not express his personal opinion in contrast to the joint ruling. This is considered lashon hara about the other two dayanim towards the litigants. If the reasons for the ruling are written, and the dissenting dayan also writes his reasons, it is preferable to omit the names of the respective dayanim. However, in certain courts the practice is to indicate the name of each dayan.