New York – Our Gemorah (Bava Basra 138a) states that a Bais Din does not re-examine the decisions of another Bais Din.
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The Shvus Yaakov (Vol. II EH #113) had a question regarding an Agunah woman in Amsterdam who was ruled to be permitted by the Maharal.
There were those who questioned the Maharal’s permissive ruling, however. The Shvus Yaakov responded that a Bais Din does not re-examine the decisions of another Bais Din. Therefore, he rules that she should not be taken out of her original permissive status.
The language of the Shvus Yaakov indicates that there was another factor at play here. It would seem that the Shvus Yaakov felt that it was the koach of heter at here too, and not just the fact that we do not re-examine the decisions of another Bais Din.
However, the next section of the Shvus Yaakov deals with another Gemorah in yevamos (121a) where this concept was not invoked. There Rav and Shmuel contemplated putting rav Shilo under the ban for forbidding a woman from re-marrying. The Shvus Yaakov writes that in that case there may have been a well-known error on Rabbi Shilo’s part. This next section indicates that Koach of Heter is not a factor.
One could possibly say that they only contemplated putting him under the ban when it was a case of forbidding and not permitting.
All in all we should not lose cite of the notion of koach deheterah adif.
thank you!
What about Geirus? Shouldn’t a Beis Din be able to retroactively be mafkia a persons Jewish status?! Isn’t that what has been happening in EY?
I just received recently an e-mail where the RCA canceled the action of a Bais Din in Miami and interestingly the basis for doing so was all based on rumors and worse. Supposedly the Bais Din in Miami is very upset and from what I saw Rabbi Basil Herring from the RCA is the one who sent this letter out. So how does the RCA cancel the rulings and position taken by the Miami Bais Din?
Tosfos in Nidah 20b d”h “agmraih somach” its mashma from tosfos that there is no issue to override the first beis din if your are clear that its mutar.
However tosfos does not disscuss if we may reverse the psak from heter to issur.
however from the loshon hatosfos its mashma its a good thing to double check the bais din “dmitoch kach ydakdku bidovor vpomim shehrishon toeh vyaitzy hadovor leoroh” so if the bais din is clear like the sun light that the first BS”D made a mistake then they forsure may overturn there pisak “lafrushi maiisurah”