Friday, June 15, 2018

Understanding The Work Of A Jewish Bet Din

By Walter West


Settling disputes in the Jewish tradition is often different than doing so in others. In most cases, Jews prefer to consult with a jewish bet din which is a jewish court of law. Whereas, Halakha is the term for the law of those observing the practices, rituals and traditions of the faith. The first beth din was formed based on laws of the Torah which prescribe that tribes were to appoint court officials to settle disagreements and disputes.

While initially formed to settle disputes, a court of this nature now has a great deal more responsibility. Originally made up of 71 rabbis, the court was later transformed into a panel of three Jewish men with an understanding of Halakha, ritual and traditions. For, the first court was formed to hand down a decision upon hearing a case.

Following the destruction of the Temple, the people began spreading out, gathered and decided 71 legal officials was no longer a practical or feasible option. In stead, the court was transformed into a court of three men whom had knowledge of Orthodox laws and traditions. Since that time, consulting with the court has become the best and easiest way for Jews to address and settle legal disputes.

In order to make a decision on a case, the beth din refers to halakha. In the beginning, the option of consulting with a court of this nature was only available to those living in areas with small populations. Currently, the men serving on this type of court are also considered part and parcel to the formal legal system in the area.

Outside of Israel, there are some local and national batei din, such as the Beth Din of America or the Beth Din of Manchester which are present for those in these areas wishing to consult members of the court. Most often, the courts are staffed by lawyers and judges whom are knowledgeable of laws and rituals associated with the faith. While this is the case, halakha prescribes that three Jewish men can provide these services without being part of any formal organizations.

Whether getting married, obtaining a divorce or converting from another faith, there are many reasons a couple or individual might consult with a beit din. In some cases, it is required by halakha, while in others it is a matter of ritual and practice. In all cases, all individuals involved must be present in order for settlements and proceedings to be binding and legal.

Other reasons for consulting a beit din include conversion from other faiths, marriage and dissolution of oaths. For, it is required that when an individual desires to convert to Judaism from another faith the person appear to express sincerity and answer questions related to the faith. Whereas, when uniting in marriage or dissolving an oath, the court must be present to change the status and supply documents.

Other areas the court is involved in beyond these personal aspects are settling business disputes and awarding damages. Whereas, when dealing with civil cases, most courts share the practices and procedures of a secular court when it comes to proceedings. After which, a decision often remains binding when residing or visiting other areas.




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