Excommunication for One Who Strikes His Fellow

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Question

Shalom and blessings. In Shulchan Aruch, Choshen Mishpat, Siman 420, Se'if 1, the Rema states: "There is an opinion that there is an ancient ban on a person who strikes his fellow, and it needs to be lifted to include him in a minyan of ten. See in the Sema there, where it is written that the language implies that there is no need to excommunicate him anew, but he is already excommunicated due to the ban imposed by the ancients on this, see there. According to this, it seems that anyone who has ever struck a person is already excommunicated until it is lifted for him, and we have not heard that this is strictly observed, both for including him in a minyan and for other laws of excommunication that are not applied to him. See in the responsa Rav Pealim (Orach Chaim, Part 2, Siman 11) what is written about this. Also see there in the Biurei HaGra (סק"ד), and perhaps this is relied upon today. In short, the question is whether the one who struck needs to have this excommunication lifted or not, and why. Thank you very much.

Answer

Shalom Rav,

The halacha follows the opinion of the poskim that as long as he has not been excommunicated, he is not in excommunication.

Source

Shulchan Aruch, Choshen Mishpat, Siman 420, Se'if 1

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