Does A Hazamana Need To Be Issued By Three Dayanim

Rav Dovid Grossman

Question: A friend of mine received a hazmanah that was signed by the Menahel of a bais din. He thinks that the case is without merit. Can he ask that the bais din itself validate the hazmanah before he has to appear before them?

Answer: The Gemara in Sanhedrin says that for a hazmanah to be binding it has to come from three Dayanim of a bais din. It cannot come from the secretary on his own. For this reason, whenever the secretary of bais din writes a hazmanah, he writes that he is sending it “b’shem bais din”, on behalf of the beis din. 

If a person thinks the case against him is frivolous, he has the option to request verification that the bais din itself is behind the hazmanah. In reality, the hazmanah is almost certainly coming from the Dayanim and it is very unlikely that it is completely frivolous, but the party has the right to make his request to ensure that they validate the hazmanah. 

Today, three hazmanos are sent before a siruv is issued. The siruv, which acts as the final hazmanah, always comes from the Bais din itself. If that hazmanah is issued, it is assuredly coming from the three Dayanim.