That's my opinion of why there is no appeals system for rabbinic decisions today in the US.
Let's say you ask your local rabbi a question. You get an answer. You can't or won't accept that answer. As it stands now, you are greatly discouraged -- some say forbidden -- from going to another rabbi to appeal the decision.
The logic presented to justify the no appeal policy is silly. If we let you appeal, they say, it would weaken the whole system of rabbinic authority.
Nonsense. Look. The process of appeals is part of every strong and vibrant judicial system. Period. We don't need to get into the details of how allowing appeals strengthens a system. It just does. It gives it integrity. It prevents autocratic, opinionated, biased or incompetent judges from making the law into a mockery.
The threat of appeals makes a judge work harder, think better and just professionalizes the entire process.
We need such an appeals process formally instituted in rabbinic religious law. It will make the authority of rabbis stronger. It will force them to work harder, be more organized and less self-centered.
There is a long standing policy in halacha of no appeals going back several thousand years.
ReplyDeleteThe only reason why there are appeals in Israel is due to the fact that the Rabbinical court system was set up in a fashion similar to regular courts.
anonymous- Appeals courts have a long history in Judaism. Read M. Elon's "haMishpat haIvri" or Assaf's earlier book "Batei din vesidreihem leachar chasimas hatalmud".
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