So what can be done? Perhaps not much.
However, that being said, these are my meager suggestions:
1. Write into the shtar borerin a clause that this Din Torah is subject to review by Beis Din X or Rabbi Y.
2. Network names of unscrupulous borerim. If you find out that the other tzad has chosen one, you might be able to then compel him to appear in front of a local Beis Din.
3. Not easy, but if you can, when you take a job or enter a contract, specify that all disputes will be adjudicated by Beis Din Z.
Any other ideas?
Rabbi Yosef Gavriel Bechhofer הרב יוסף גבריאל בקהופר
I have a standard clause in my contracts that all disputes will be adjudicated by the BDA. Only one organization made me take it out.
ReplyDeleteLiving out here in the hinterland, this was an eye-opening and discouraging read. Thank you for informing us.
ReplyDelete"Network names of unscrupulous borerim. If you find out that the other tzad has chosen one, you might be able to then compel him to appear in front of a local Beis Din."
ReplyDeleteWould publicizing the names of unscrupulous borerim via a Web site be appropriate? That may be the only way those of us who live far from New York will be informed. Can it be done in a manner that will help others, but not be considered Lashon HaRah or subject one to the threat of lawsuits (in Beit Din or Arkaot)? If someone as knowledgable and sophisticated as the Rav SHLIT"A was victimized while trying to help fellow Jews, we ordinary Jews surely need protection!
Suggestion:
ReplyDeleteThere appears to be general agreement among ethical businessmen that ZAVLA is too easily subject to manipulation by unscrupulous businessmen and their "rabbinical" allies, as stated so elonquently herein by the Rav SHLIT"A.
In the spirit of "Eis Laasos LaShem Heifeiru Torasecha" can the Gedolai Yisrael be convinced to declare a crisis and temporarily set aside the Psak of Rav Moshe Feinstein ZT"L which allows ZAVLA as an alternative in large cities like NY, LA, Chicago, etc.
The effect will be to make a Bais Din Kavua mandatory, unless both sides agree that ZAVLA is appropriate.
It's an uphill battle, that, frankly, I am not in a position to wage. I have done what I think I can in posting this series. If someone has the kochos and drive, please take the initiative!
ReplyDeleteProper accreditation of borerim, and annual review of their doings/misdoings, by an established nearby Beis Din?
ReplyDeleteThe tricky part about networking names is the subjectivity of it. Lets face it, you could be put on this list by others as easily as you could put them on it. While its obvious that you dont have the highest opinion of the other dayanim I cannot imagine they are fond of you either.
ReplyDeleteGood point!
ReplyDelete