הלכה על במדבר 16:14

From where do we know that an agent of beit din is sent to summon a defendant? As it is written (Bemidbar 16:12), “Moshe¹See Nimukei Yosef (Mo’eid Katan 8a in the Rif’s pages s.v. Ata Uploni) regarding whether Moshe was considered the equivalent of an actual dayan or merely a messenger of the beit din in the dispute with Korach. sent forth to summon Datan and Aviram the sons of Eliav.” [How do we know that] we inform the defendant that he will be judged in the presence of a great man? As it is written (Bemidbar 16:16), “Moshe said to Korach, ‘You and your entire assembly, appear before Hashem.’” [How do we know that] we mention the plaintiff? As it is written (ibid.) “You, they, and Aharon.” [How do we know that] a set date is mentioned in the hazmanah? As it is written (ibid.), “Tomorrow.” [How do we know that] a second hazmanah is sent? As it is written (Yirmiyahu 46:17, as explained by Rashi; however, see Ritva), “Place Paroh, King of Egypt, in excommunication for having ignored his appointed time more than once.” From where do we learn that the agent of the court [who delivers the summons] is permitted to report to the beit din [about the actions of a recalcitrant defendant] without concern for violating lashon hara (slander) prohibitions? As it is written (Bemidbar 16:14), “Even if you would gouge out the eyes of those men, we shall not go up.” [The court agent must have told Moshe that Datan and Aviram made these remarks, or else he would not have known about the remarks in order to respond angrily – Rashi s.v. Ha’einei.] From where do we derive that we excommunicate (nidui) one who refuses to appear in beit din? As it is written (Shoftim 5:23), “Curse Meroz [for their refusal to join the battle against Chatzor].”