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April 1, 2011 4:44 pm at 4:44 pm
#755088
shlishi
Member
I’m told that many botei din will refuse outright to pasken din, and will tell the ba’alei din that if they refuse p’shara, they can go elsewhere.
If one of the litigants would prefer not to have the Beis Din trial for whatever reason (as often happens) and he is the one that insists on his halachic right that the ?????? use strict ??? and not use ????, by the botei din refusing to pasken will not motivate him to relinquish his halachic right to insist on strict din and no p’shara, as if the case isn’t heard or paskened he is at no loss — the other party is.