סמכות רבנית כרך א, פתח דברRabbinic Authority I, Foreword
א׳
1In referring to the highest level of truth finding in a judicial proceeding, our Sages use of the phrase, “Ha-dan din emet la-amito.” What is being conveyed here is that knowledge of the law is not sufficient to render a verdict of truth. In order for the dayan to arrive at the correct verdict, the precise facts of the case must be discovered as well.
ב׳
2A beth din panel is not only thoroughly versed in the relevant halakhot, but is also well-equipped by virtue of educational background and professional work experience to grasp the reality on the ground. This entails a relentless commitment to relevant fact finding, taking nothing at face value, and understanding the implications of the facts for the commercial behavior of the parties.
ג׳
3A second characteristic of the halakhic-judicial process dealing with monetary matters consists of the documentation that must accompany the verdict that the panel hands over to the litigants at the conclusion of the proceedings. The claims of the plaintiff, as well as the respondent’s rebuttals and counterclaims, are meticulously recorded. Next, a thorough discussion of the issues from a halakhic perspective is presented. Finally, the verdict is rendered, and this verdict is demonstrated to have flowed from the halakhic discussion.
ד׳
4R. Dr. A. Yehuda Warburg has assumed a vital role in implementing this vision of a “double level” of truth in the Beth Din of America and on other panels. In the present work, Rabbinic Authority: The Vision and the Reality, R. Warburg presents a number of his judicial rulings. What stands out in these decisions is the halakhic framework, legal perspective, and “reasoned opinions” R. Warburg sets up to support his decisions.
ה׳
5For a number of decades, I have been involved on an ad hoc basis as a dayan, including serving on judicial panels for the Beth Din of America. In this capacity, I have often crossed paths with R. Warburg and served together with him on the same judicial panel. In each panel we served on together, R. Warburg’s outstanding Torah scholarship was always in evidence, scholarship motivated by a perfectionist’s drive to achieve new vistas in advancing the “double dimension” of truth that stands as the ideal for the halakhic-judicial process.
ו׳
6R. Dr. Aaron Levine, z”l
ז׳
719 Adar 1, 5771
ח׳
8February 23, 2011
