Reply To: jury duty or "just following orders"

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ubiquitin
Participant

Avram

“You seemed to disagree with that, and argued that such cases were rare. Thus Jewish law encourages disagreement with judges/beis din/rabbis if you feel your interpretation of the law is better.”

sorry, I didnt mean that at all. I’m sorry if it cam out that way.

“I didn’t see this as a case where the judge was fundamentally wrong because he didn’t have all of the facts/was biased/was stupid, etc. But a case where there are two valid arguments and the judge and lawyer take opposite sides of the issue.”

I meant it where the Lawyer was convinced the judge had it wrong. Much like IF a Rav where to say Chazir was kosher.

The example you provided regarding R” Gamliel is a rare exception to the above. Where even if “wrong” beis din and beis din alone has authority over Kiddush hachodesh, even if wrong, and even if intentionaly wrong “Atem afilu mezidin”

Now none of this is black and white. I’m not saying that all lawss should be disregarded and jurys should completyl disregard everything a judge says. It was more a pattern that was clear where the lawyers/judges did not want informed opinions/or decisions rather ones they can manipulate.

I’ll elaborate on another example that I earl;ier gave passing refrence too.

Witnesses in the case where foreing speaking. LEts say Swahili. There was aSwahili speaking indivdual in the group. He was cautioned not to pay attention to the Swahili speaking witnesses therby “translating” for himself. but rather to only listent o the translator’s translation of the witness.