Responsa for Sanhedrin 62:16
אמר אמימר הילכתא כופין אותו וילך למקום הוועד א"ל רב אשי לאמימר והא אמר רבי אלעזר כופין אותו ודן בעירו הני מילי היכא דקאמר ליה לוה למלוה אבל מלוה (משלי כב, ז) עבד לוה לאיש מלוה
says: Let us be tried here; while the other says: Let us go to the place of Assembly,<span class="x" onmousemove="('comment',' The meeting place of scholars; the supreme Beth din in Jerusalem, according to Maim. Yad, San. XI, 6. For a full discussion of this and the following passage, v. Finkelstein, Jewish Self-Government in the Middle Ages, pp. 379 et seqq. (note C.). This was said with the hope that his opponent might be humbler out of respect for the Scholars (Rashi). ');"><sup>13</sup></span>
Teshuvot Maharam
Q. One of two opposing litigants wants his case to be tried by the local court of Rothenburg, while the other litigant insists on bringing it before the Beth Havaad (superior court) at Marienburg.
A. The Talmud differentiates between litigants, giving a creditor the right to choose the court for the trial of his case (Sanh. 31b). At present, however, an ordinance of the communities prevails to the effect that, in a place where an authoritative court exists, no litigant may insist on taking his case before the Beth Havaad. Therefore, the litigants (of Rothenburg) must choose a court that will hear their claims; and the court, in turn, will refer their claims to a superior court of its own choosing.
SOURCES: P. 290. Cf. Weil, Responsa 155.
A. The Talmud differentiates between litigants, giving a creditor the right to choose the court for the trial of his case (Sanh. 31b). At present, however, an ordinance of the communities prevails to the effect that, in a place where an authoritative court exists, no litigant may insist on taking his case before the Beth Havaad. Therefore, the litigants (of Rothenburg) must choose a court that will hear their claims; and the court, in turn, will refer their claims to a superior court of its own choosing.
SOURCES: P. 290. Cf. Weil, Responsa 155.
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