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.

Please Support TORAH.ORG
Print Version       Email this article to a friend

 

ARTICLES ON VAYEITZEI AND CHANUKAH:

View Complete List

Caught Not Taught
Rabbi Dovid Green - 5758

Time Study
Rabbi Raymond Beyda - 5766

Understanding True Value in This World
Rabbi Yosef Kalatsky - 5763

Email Sponsorship

"More Than I Deserve"
Rabbi Yissocher Frand - 5763

Out of Luck - Into G-d
Rabbi Pinchas Winston - 5761

Well Check-Up
Rabbi Mordechai Kamenetzky - 5759

The Everything Torah Book

Of Climbing Ladders and Tugging Ropes
Rabbi Osher Chaim Levene - 5768

Profit from Loss, Light from Darkness
Rabbi Yehudah Prero - 5762

Horns and Hedonism
Rabbi Eliyahu Hoffmann - 5763

ArtScroll

Left to Chance - Yields Chaos
Rabbi Label Lam - 5766

Two Paradigms of Thankful Individuals
Rabbi Yissocher Frand - 5759

Turn, Turn, Turn...
Rabbi Yisroel Ciner - 5759

The Light of Devotion
Rabbi Yehudah Prero - 5757

Out, Up, and On His Way
Rabbi Pinchas Winston - 5759

A Killing Prayer
Rabbi Yaakov Menken - 5755

Point of Order
Rabbi Mordechai Kamenetzky - 5761


Learning Events and Programs

Project Genesis

Torah.org Home


Torah Portion

Jewish Law

Ethics

Texts

Learn the Basics

Seasons

Features

TORAHAUDIO

Ask The Rabbi

Knowledge Base

Discussion Forum




Help

About Us

Contact Us


Enable popup menus


Download to my HandHeld


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