Court of Jewish Law. Nowadays, they mostly adjudicate civil disputes, and are composed of 3 judges. Their decisions are halachically binding, and in most cases, legally as well.
14
votes
2answers
185 views
Is it a mitzva to escape the death penalty?
If someone is being led to his death by bes din (a Jewish court), is he supposed to try to escape, since, in general, saving one's own life is paramount? More: normally, we say that if someone is out ...
13
votes
3answers
229 views
Did courts ever execute?
The laws of capital crimes elucidated in Sanhedrin and elsewhere make conviction very unlikely. Makkot 1:10 famously tells us that a court that executes once in seven years is bloodthirsty, R. ...
13
votes
2answers
190 views
How were judges appointed in the times of the Bais Hamikdash?
In the times of the Bais Hamikdash, were judges appointed by the king, or were they elected by the people? And was the system different based on which size court (i.e., courts comprised of 3, 23, or ...
12
votes
2answers
111 views
Are Jewish Court Rulings subject to Appeal?
Is there such a thing as an appeal in Jewish law, or are rulings issued by Jewish courts absolutely final?
10
votes
3answers
267 views
DNA and Jewish Law
Why isn't DNA seen as a valid source of Halachic decision making?
Is it because it's too small for the naked eye? A margin of error propblem? What?
Normally, physical evidence is plenty of ...
10
votes
2answers
158 views
Why is precedent set by individual rabbis, not courts?
The headline on this obituary for R' Eliyashiv ("A One Man Supreme Court") got me thinking - why do we invest so much power in precedents set by individual rabbis, as great as they may be, but not in ...
9
votes
1answer
123 views
Is there still yibum if executed by beis din?
If a married man who is childless is executed by beis din, does his brother still have an obligation to perform yibum?
9
votes
1answer
190 views
Is it a sin to escape the death penalty?
If someone is sentenced to death by a Jewish court and is being held prisoner until the sentence can be carried out, if he escapes, is that a sin for him?
7
votes
1answer
191 views
Can a convert serve as a dayan?
I believe that there are specific restrictions placed on a ger (convert) being a legal decisor on a beit din. What are these restrictions and do those, ipso facto, preclude that individual from ...
7
votes
2answers
178 views
History of Capital Punishment
When is the most recent documented occurrence in Jewish history of a beit din carrying out the death penalty? Or if historical documentation is lacking, when is the most recent time in Jewish history ...
7
votes
1answer
146 views
Is there a Statute of Limitations in Jewish Law?
From Wikipedia:
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated. In ...
7
votes
2answers
71 views
Dressing similarly at a Din Torah - When did this change and why?
Gemara Shevuos 31a says that if two people come to Bais Din one dressed in rags and the other dressed in expensive clothing, we make them dress similarly. Sefer Hachinuch Mitzva 235 indicates that ...
6
votes
2answers
149 views
Why can't All Cases be Solved with a Drink?
In the case of a סוטה (wayward wife) we have an amazing and miraculous way to figure out if the woman is guilty or innocent. What's so special about the case of סוטה that we have a very special method ...
5
votes
1answer
145 views
What forms of evidence do batei din accept to establish that someone is Jewish?
I am interested in the question, what forms of evidence do contemporary Orthodox batei din accept to establish that someone is Jewish? In particular, if you, your parents and grand-parents are ...
5
votes
0answers
84 views
Which beis din can declare items Hefker?
There is a rule that Hefker Beis Din Hefker, that a court can declare items ownerless.
What are the requirements for a Beis Din to declare items ownerless?
Are there any courts nowadays with such ...
5
votes
0answers
109 views
Relations among King David, the Sanhedrin, and the high priest
Do we have any historical source that discusses the relations among King David, the Sanhedrin during his reign, and the high priest during his reign? Were they on friendly terms? Was there a power ...
3
votes
4answers
96 views
Why does Yisro appear to have higher standards for judges than Moshe does?
First Yisro says:
וְאַתָּה תֶחֱזֶה מִכָּל הָעָם (1)אַנְשֵׁי חַיִל (2)יִרְאֵי אֱ־לֹהִים (3)אַנְשֵׁי אֱמֶת (4)שֹׂנְאֵי בָצַע וְשַׂמְתָּ עֲלֵהֶם
Then when He selected it says he got:
...
3
votes
2answers
95 views
Can a judge take an equal bribe from both sides?
It says in CH"M Siman 9 that it is forbidden for a Dayan to take a shochad (bribe.) What about if a particular Dayan is dealing with a case between Reuvan and Shimon that they both want to give the ...
2
votes
1answer
62 views
How can the prohibition against murder be reconciled with capital punishment in the Torah (mitath beth din)?
How can the prohibition on murder be reconciled with capital punishment in the Torah, i.e., mitath beth din? I understand that the death penalty was effectively abolished by the Sanhedrin in 30 CE. ...
2
votes
1answer
203 views
Can a convert (ger tzedek) serve on a beis din to annul a non-convert's vows?
If I understand correctly, there are certain cases where a convert can't serve on a beis din judging a native-born Jew. Yet when we break into groups of three for hataras nedarim (annulment of vows), ...
2
votes
0answers
48 views
If a Beis Din Makes a Mistake When Calculating Kiddush HaChodesh, Does it Count?
On one hand, the Rambam says (in 2:10)
Once the court sanctifies the new month, it remains sanctified regardless of whether they erred unwittingly, they were led astray [by false witnesses], or ...
1
vote
0answers
57 views
Turn yourself in for a capital offense?
This question assumes that one should accept his punishment after being convicted of a capital offense.
Should one turn himself in to (Jewish) authorities after committing an offense for which he ...
1
vote
0answers
60 views
When did the Talmudic penalty of death stop being carried out? [duplicate]
Possible Duplicate:
History of Capital Punishment
When did the Talmudic penality of death stop being carried out? For example, the opening verses of Tractate Sotah describe death penalty ...
1
vote
1answer
52 views
Is it a mitzvah to save someone from execution by Beth Din?
I am wondering how the laws of pikuach nefesh might apply to a situation of mitath beth din. Would bystanders be obliged to save the condemned from his lawful execution? What about members of the beth ...
0
votes
2answers
245 views
Should anyone be burned to death?
In Leviticus 20:14, it states that a man who has relations with a woman and also with her mother is a despicable lech, whose punishment is to be burned to death. This is one of two transgressions ...
0
votes
1answer
55 views
Quotes about justice in Neviim
I'm looking for some quotations in Neviim about justice. Of course the most famous is probably "צֶדֶק צֶדֶק, תִּרְדֹּף", but that is in דְּבָרִים.
Anything jump out at anyone? Something in ...
