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 MASEI AND THE THREE WEEKS:

View Complete List

Appreciation
Rabbi Pinchas Winston - 5772

Easy Come, Easy Go
Shlomo Katz - 5772

Cities of Refuge: Sanctuary for Survival
Rabbi Osher Chaim Levene - 5768

Looking for a Chavrusah?

The Accidental Murderer
Rabbi Naftali Reich - 5770

Been There Done That
Rabbi Berel Wein - 5764

Confronting "I"
Rabbi Aron Tendler - 5762

Frumster - Orthodox Jewish Dating

To My Very Last Breath
Rabbi Label Lam - 5772

They Can Assure a Cure
Rabbi Label Lam - 5773

A Future Built on the Past
Rabbi Yaakov Menken - 5759

> What to Make of My Summer Break?!
Rabbi Label Lam - 5767

Oath of Office
Rabbi Mordechai Kamenetzky - 5759

First Things First
Rabbi Eliyahu Hoffmann - 5761

ArtScroll

The Joy Of Mussar
Rabbi Yissocher Frand - 5766

Taking Action
Rabbi Eliyahu Hoffmann - 5760

The Nine Days of Mourning
Rabbi Dovid Green - 5758

How to Vow Your Audience
Rabbi Pinchas Winston - 5763



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