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What a To’ein May and May Not Do

The Mishnah says, “Al ta’as atzmechah ke’orchei hadayanim.” Do not coach a litigant in a Din Torah on how to present their case [in order to increase their chances of winning]. One may certainly not coach them in ta’anos shel sheker (to make false claims), but even advising them how to put forth ta’anos shel emes (truthful claims) is forbidden as well. However, the to’ein may advise the litigant about which Beis Din would be most advantageous for this particular case, and would be most understanding of their claim. If the litigant is so clueless that without guidance they will go before the Beis Din totally unprepared, mitzvah ka’avid (it’s actually a mitzvah) to help such a person in order to prevent them from losing their case unjustly. Protecting a person who is being ashuk (robbed by another) is a great mitzvah. Various justifications have been put forth in favor of the common practice of having a to’ein coach or represent people at a Din Torah; nonetheless, the policy of some Batei Din is to disallow to’anim altogether, for the most part because all too often they unfortunately engage in ta’anos shel sheker, which is unequivocally and unanimously forbidden. 319^⁠1