The Mitzva Of Dinim: Part 3 – Why Rav Yeruchem Fishel Perla Couldn’t Sleep

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It appears [according to Rav Mann’s analysis] that EVERYBODY holds that other דיני ממונות [besides גזל] are included in the category of דינים, and the machlokes is only what is the definition of this din, as we will hopefully explain: 

The Rambam writes that בני נח are obligated to appoint judges in every פלך [province]. This apparently flies in the face of the gemara [Sanhedrin 56b] that says that they must appoint judges in every פלך AND בכל עיר ועיר – every city. The Ohr Sameach explained that in the Rambam’s text, the words בכל עיר ועיר didn’t appear which is why he omitted it.

It emerges from the gemara [Makos 7a] that Jews must appoint judges in every city only in Eretz Yisrael and not in Chu”l. Asked the Gvuros Ari, are בני נח better than Jews in Chu”l, that they must appoint judges in every city and Jews don’t have to? It must be like we said that בני נח don’t have to appoint in every city either. That fits nicely with the Rambam.

However, it is not so simple [is it ever?]: The Ramban [Parshas Vayishlach] and other Rishonim quote the Braisa as saying that that there is a  חיוב בני נח to appoint judges in every city, bringing us back to our previous question, how can the laws of בני נח be more strict than that of the Jews in Chu”l? The answer is that we equate Chu”l for בני נח to ארץ ישראל for Jews. Both are obligated in every city.  

But then the question arises on the Rambam [who holds that בני נח must appoint judges only בכל פלך] that ממה נפשך – If בני נח are like Jews in E.Y. then they should be obligated in every city. If they are like Jews in Chu”l, well then, in the opinion of The Ramban and Chinuch, according to the Rambam there IS NO MITZVA to appoint judges in Chu”l??!! So how does their obligation to appoint judges in every פלך fit into the scheme of things?? Rav Yeruchem Fishel Perla, in his commentary to the רס”ג bleibed shver [“couldn’t sleep for weeks” in Spanish] with that one….

Stay tuned for the continuation… [I hope:-)].