3289 —חובת הדיין לפסוק באמת בתיקי ממונות

B"H, 21 Shevat, 5715.

Brooklyn.

Haraha"g vavach"h iy"a benash"k etc. etc. Morenu Harav Shalom Yechezkel Shraga Rubin-Halberstam shlita

Shalom u'Vrachah!

In due time I was pleased to receive your letter with the enclosed responsum on monetary law for the plaintiff, which is hereby returned as requested. You have already demonstrated in your response knowledge of the Talmud and halachic authorities who discuss such cases, and in my opinion, the main point here is that it is incumbent upon the judges to clarify as much as possible whether the plaintiff's concern about evasion is genuine or fabricated. For it is the duty of the judge to rule true justice, as our Sages said (Shevuos 30b), also cited in Tosafos s.v. Din (Bava Basra 8b), and according to halachic ruling, in most cases based on this, the judge must decide whether to grant the defendant's claim when he argues that the plaintiff will later evade payment.

Enclosed is what was published regarding the yahrzeit of my revered father-in-law, the Rebbe zatzal (of blessed memory), on Yud Shevat just passed, and I am sure it will interest you.

With honor and blessing.

Summary

This letter highlights a judge's obligation to seek out truth and render decisions with utmost integrity. The Rebbe stresses careful investigation into claims and references classic sources to guide proper judicial conduct in monetary disputes.