Photo Credit: Jewish Press

The Rivash (siman 387) says that one must always endure a financial loss in order not to violate a lo sa’aseh – even if it is violated passively.

According to those who hold that one must generally not be forced to endure a financial loss in order to prevent passively transgressing a lo sa’aseh, we must understand why the lav of lo saguru (not fearing the litigants) is different.

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Rabbeinu Yona, in Sha’arei Teshuvah 3:33, says that Hashem commanded that a judge is not to fear the litigants because, as the pasuk there says, the judgment is God’s. A dayan is doing the work of Hashem and therefore bears a greater responsibility. Hashem has therefore commanded dayanim to believe that no harm would come to them as a result of their work. Perhaps this is the reason why they must endure a financial loss in this situation – even though the action is a passive transgression.

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Rabbi Fuchs learned in Yeshivas Toras Moshe, where he became a close talmid of Rav Michel Shurkin, shlit”a. While he was there he received semicha from Rav Zalman Nechemia Goldberg, shlit”a. He then learned in Mirrer Yeshiva in Brooklyn, and became a close talmid of Rav Shmuel Berenbaum, zt”l. Rabbi Fuchs received semicha from the Mirrer Yeshiva as well. After Rav Shmuel’s petira Rabbi Fuchs learned in Bais Hatalmud Kollel for six years. He is currently a Shoel Umaishiv in Yeshivas Beis Meir in Lakewood, and a Torah editor and weekly columnist at The Jewish Press.