Torah.org Home Subscribe Services Support Us
 
Print Version

Email this article to a friend
Rambam

Rambam

Rabbi Yitzchok Etshalom
Talmud Torah 7:10

10. If someone doesn't know who declared the Nidui on him, he may go to the Nasi (head of the Court), who will lift the ban.

Q1: May the Nasi lift the ban even if the Menudeh knows who banned him, but doesn't want to go to him? Or that person (as in the previous Halakha) left town?

YE: From the sugya in Mo'ed Kattan (17a), it seems that the Nasi may only operate in this way when the Menudeh cannot identify the one who placed him in Nidui. It does not necessarily follow that if the person was known but unavailable or died, that the Nasi may lift the ban - that may require a regular Beit-Din (as in MT Talmud Torah 6:12).

Q2: What is the function of the Nasi here - as representative of the court or it's highest officer?

YE: Since we learned that if the Nasi declares Nidui, all Jews mujst respect it - but not the inverse - (MT Talmud Torah 6:13) - it follows that it is the Nasi's office which stands on top of the "Nidui hierarchy" - due to the Beit-Din and Torah-honor nature of Nidui (as mentioned above). Here, the Nasi may lift the ban because he is the highest officer of the court. Since the hierarchy of the court climaxes with the Nasi, any Nidui-related issue will become subject to his approval or lack thereof.

Rambam, Copyright (c) 1999 Project Genesis, Inc.

 

ARTICLES ON KI SAVO AND ELUL / ROSH HASHANAH:

View Complete List

Counting Our Blessings
Rabbi Eliyahu Hoffmann - 5762

Free at Last!
Shlomo Katz - 5774

The Evil of the Ingrate
Rabbi Aron Tendler - 5760

> Recognition of Good
Rabbi Pinchas Winston - 5760

Month of Elul: The Power of Repentance
Rabbi Yehudah Prero - 5758

Are We listening?
Rabbi Yaakov Menken - 5762

ArtScroll

Successful Search
Rabbi Pinchas Avruch - 5764

Our Own Akeidah
Rabbi Berel Wein - 5766

Allusions to Elul
Rabbi Yehudah Prero - 5757

Looking for a Chavrusah?

And Straight Again!
Rabbi Label Lam - 5766

Circumstantial Repentance
Rabbi Yehudah Prero - 5763

G-d Never Forgets
Shlomo Katz - 5760

Frumster - Orthodox Jewish Dating

Self Cancellation
Rabbi Pinchas Winston - 5763

The World Was Created for Me
Rabbi Yaakov Menken - 5757

Judge Me Tender, Judge Me Sweet
Rabbi Dovid Green - 5760

A Time to Remember and Be Inspired
Rabbi Yehudah Prero - 5757



Project Genesis

Torah.org Home


Torah Portion

Jewish Law

Ethics

Texts

Learn the Basics

Seasons

Features

TORAHAUDIO

Ask The Rabbi

Knowledge Base




Help

About Us

Contact Us



Free Book on Geulah!




Torah.org Home
Torah.org HomeCapalon.com Copyright Information