Questions tagged [beit-din-court]
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.
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Can a Convert with a Jewish Father (Zera Israel) be a dayan?
Shalom,
Following my question from this link: A Ben Ger who converted before his mother did - can he become a Dayan?
Can a convert with a Jewish father (Zera Israel) be a dayan?
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A Ben Ger who converted before his mother did - can he become a Dayan?
Shalom,
On this topic (Can a convert serve as a dayan?), I saw this answer:
" [A convert can ] Force a judgment even on a Yisrael if the converts mother or father was born of a Yisrael"
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What’s the part of the soul that enjoys existing and is that the part that has to get punished if it sins?
BH
Hi,
I heard that there is a part of the soul of man that enjoys simply existing is this the level of the Nefesh Elokit?
If yes which part is it of the Nefesh Ruach Neshama Chaya Or Yichida of the ...
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Can a sinner volunteer for punishment?
If a person knows that he commited an aveira (sin), and knows what the punishment is and wants the kapara (atonement), but the court does not administer the punishment due to lack of evidence, witness ...
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Who shuts down fake bayt din? [closed]
Who in the ancient Israelite justice system would be responsible for shutting down fake or rogue Bayt Dins doing things like fake conversions et al? (Before it reached the desk of the King.)
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Eradication of Free Will under a functioning Biblical legal system or Talmudic education
It is frequently argued that the lack of direct Heavenly intervention in the Creation was designed to allow for a free "pressure-free" choice between good and bad. E.g. when a person breaks ...
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Why two mussafim?
Today, the second day of Rosh chodesh, we leined the קרבנות of ר"ח for the second day in a row, and likewise prayed another תפילת מוסף, although in the בית המקדש only one מוסף was brought each ...
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Does the Sanhedrin of 23 have any involvement whatsoever in judging damages? (financial disputes)
It seemed from reading Mishnayot Sanhedrin that the court of 3 was in charge of damages. They said 71 was for declaring war. 23 seemed to judge cases of non-financial disputes (death penalty if I ...
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Is a court of 3 that has complete authority to judge damages called by the name a "Sanhedrin"?
The Mishna in Sanhedrin disscuses a court of three being sufficient to judge damages. However it does not say the name of this court. Is this court named a בית דין or is this court named a סנהדרין.
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Private conversions [closed]
Chalom
Are private orthodox conversions are kosher according halacha ?
For exemple, I converted sincerely throught a private Beit Din headed by Rav Chaim Amsellem .
The Chief Rabbinate did not ...
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Did the ancient Israelite Kings appoint royal justices?
Did the ancient Israelite Kings appoint royal justices? If so, how is this distinct from the medieval practice of appointing beurim in certain medieval Jewish communities? And what powers were these ...
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Do beit dins have the right to disbar Jewish attorneys
According to Halacha, does a beit din have the jurisdictional authority and right to disbar Jewish lawyers? Furthermore, do they have the right to prevent them from being lawyers in secular courts ...
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Is kiddushin which a man was coerced to do valid
According to Halacha, if a man was coerced/forced to do kiddushin to a woman, under threat of penalty (from say a Beit Din) is that a valid kiddushin? Or no, since this was done against his true will ...
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Limited liability in Halacha
According to Halacha, may a Jew sue another Jew through a beit din for the actions of a corporation the other Jew is invested in if that corporation is a limited liability structure under secular law?...
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In Halacha, can you sue for Alienation of Affection?
In old times, there were laws on the books that defined a cause of action called "Alienation of Affections" which, among other things, allowed an aggrieved spouse to sue their spouse's ...
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Qualified immunity in Halacha
I am curious about whether the concept of qualified immunity (for monetary liability) exists in Halacha. Qualified immunity in secular law generally means one who is a judge or police officer is ...
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Paradox of a corrupt court
With current events in mind (South Africa v. Israel Genocide Convention), I have a question. How does Torah help us solve the paradox of applying justice to an injust justice system?
If the court ...
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How to address rabbis of a Bet Din in an email
What is the proper salutation and/or way to address the rabbis of a bet din in an email?
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Why are beit din-coerced gittin generally kosher [duplicate]
The Passuk in the Torah outlining the rule for divorce is that if a husband loses favor in his wife. My question is, why in Halacha do most poskim rule that prenuptial agreements are fine and gittin ...
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Does halacha define/suggest appropriate fees for the executor of an estate?
Is there a halachic figure on how much is appropriate for the executor to keep for their trouble in dealing with the estate? (I know the Gemara talks about selecting an Apotropos, fiduciary, if none ...
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Dina D’malchuta Dina when it contradicts halachic liability
Does the Halacha of Dina D’malchuta Dina apply to cases where the government law is more lenient than Halacha in liability cases? For example, say someone does something which accidentally leads to ...
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Are Jewish adjudication DAOs Jewish? [closed]
Is a majority Jewish owned arbitration market/adjudication DAO considered to be a Jewish court? What about a 100% Jewish-owned arbitration market? Does it matter if the market is "mishpat Ivri&...
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Punishment for disobedient Jewish slaves
What exactly is the punishment for a disobedient Jewish (Hebrew) slave? And what exactly is the procedure for the punishment, does the owner go before the Beit Din, or do the judgement themselves? And ...
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Can a court retroactively annul a vow that was already annulled by the father/husband?
If a woman made a vow and violated it, and it was later annulled by her father/husband, can the court now annul the vow retroactively if it finds an opening, thereby exempting her from being liable?
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Can a conversion be deemed invalid because of something a rabbi on the beit-din once said? [closed]
I've read a post where a person's conversion was deemed inappropriate because one of the Rabbis once said, when asked, 'would you officiate a mixed marriage?' The Rabbi, a distinguished knowledgeable ...
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Will the Moshiach's Beit Din be "greater" than previous Batei Din? [duplicate]
The Gemara (Avodah Zarah 36a) says that a Beis Din does not have the power to overrule a Takkanah of a previous Beit Din. It is generally understood that earlier Batei Din are superior to later ones (...
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Why in a capital case of murder in beis din if all judges find the defendant guilty, is the defendent set free? [duplicate]
Why in a capital case of murder if all the judges find the defendent guilty , he is set free?
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The case of the lone witness
The Talmud says:
The Holy One, Blessed be He, hates... one who observes a licentious matter performed by another person and testifies against him alone.
[There was an] incident where Tuveya sinned......
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Cursing in G-d’s name
The Gemara (Bava Kamma 93a) says that the reason why Sarah passed away before Avraham was because she told him: “may G-d judge between us”.
The Gemara learns from there that it is forbidden to call ...
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Can someone call himself Jewish if he is in the process of converting?
Shalom! If one is in the final stages of conversion to Orthodox Judaism, is not a Noahide, does not belong to any religion, is it appropriate for him to say he is Jewish? He does not want to tell ...
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How do we ultimately know Korach was wrong?
As I was learning Maseches Moed Katan Daf 16a, the following question occurred to me (Just in time for the Parsha).
The Gemara in Moed Katan (see https://www.sefaria.org/Moed_Katan.16a.3?lang=bi&...
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Can a Noahide persuade a non-Jew not to convert to Judaism? [closed]
Can a Noahide rebuke and strongly and repeatedly persuade a non-Jew [a complete stranger] who is in the process of converting to Judaism, not to covert and rather remain a Noahide and keep the seven ...
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Where is the Halacha about a single available Cohen committing a crime?
There is a Halacha about one unique Cohen remaining in Eretz Yisrael and the consequence were he to commit a crime.
I am seeking the original source as I only have a translation:
If there was only ...
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In Jewish law, can you sue for defamation?
Suppose someone falsely publishes false information about you, for example, writing on a public forum that you are not a trustworthy businessman because you once stole money from Reuven Israeli (no ...
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Why does one accused of manslaughter need to leave the city of refuge in order to be judged?
The Mishnah in Makkos 2:6 says that a person accused of manslaughter who escaped to a city of refuge needs to leave in order to be judged.
The question is: why must he leave, thereby risking his life -...
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Is a Defendant required to appear in Beth Din if the Plaintiff doesn't provide any evidence or witnesses?
Suppose Reuven shows up in Beth Din and says that he is owed $100,000 by Shimon. He does not provide any documentation or any witnesses beyond his own words. The Beth Din sends a summons to Shimon to ...
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Did Adam establish a justice system?
One of the mitzvot given to Adam was to establish laws and courts.
Was Adam successful in setting up a working justice system, and if so, do we know any practical details of how it operated and/or for ...
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Handing oneself in
I would like to know if one is obligated to hand oneself in to authorities if one committed a crime/sin and nobody caught them?
I would like to make this as general a question as the rules of the site ...
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Litigation vs out-of-court settlement
If I understand correctly, Batei Din encourage litigants to compromise / settle out of court rather than go to trial.
Where in Gemarah is this stated explicitly?
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How do you punish a murderer without witnesses?
Imagine such a case: A woman walks into a girls bathroom with a machine gun, killing someone.
Note: This is not the only case where we cannot punish the criminal. This would apply, in my opinion, to ...
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Galus - ערי מקלט - by self admittance
If someone comes to Bais Din and says he killed someone Beshogeg and there are no witnesses,
Will Bais Din be Mechayev him to go to the עיר המקלט?
If yes, can he then after a while say that he only ...
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"God told me so" claim in Jewish court [duplicate]
Imagine a person who is otherwise perfectly sane who claims to see a one-time revelation in his sleep/daydream and commits a crime, despite two witnesses warning him.
He understands the magnitude of ...
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Meaning of voting on Halacha in a random gathering
I previously associated "Halachic voting" with an authoritative and representative assembly of rabbis, until I stumbled over the following passage:
"דְּתַנְיָא: מַעֲשֶׂה בְּרַבִּי ...
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What was the mechanism of publicizing the ruled Halochos in the Talmudic era?
The Talmud teaches us that on numerous occasions various rabbis gathered at a shul or someone's place (usually a penthouse) and ruled/decided certain Halochos (see "נמנו וגמרו").
Was there a ...
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Is a secular court decision considered stealing in 7 laws of noach?
BH
There's a couple of slightly related questions
How do you handle possible Shabbat issues when receiving a jury summons?
Is trying to get out of jury duty permitted halachically?
Regarding secular ...
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Are gentiles accepted as witnesses by a Beis Din in civil law arbitrations?
I assume a gentile is not kosher to give eidus in general, (women, minors etc excluded - kal vekhomer gentiles..) although I may be mistaken.
But in a civil case brought before a beis din for ...
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What are some criteria that would allow a spouse to file for divorce in secular court?
Halachically, from my understanding, a spouse cannot file for divorce in a secular court without permission from Bais Din.
Are there any specific reasons spelled out, besides explicit permission from ...
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The Mitzvah of establishment of courts before Yitro's advice
Allegedly, the 7 Noahide Mitzvos were given to Adam and passed down to Moses. Even if we follow the approach that our forefathers were Noahides prior to the receiving of the Torah, they would be ...
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How would Beis Din rule in the Aguch v Gourary Case (Didan Natzach)? [closed]
In the case of the Chabad library case (Agudas Chasidei Chabad of United States, v Gourary) a US federal court ruled that the (Previous) Rebbe's books belong to the Chabad community and not his ...
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Would a Beit Din open its proceedings with the recitation of Shehecheyanu?
I have never been present at a Beit Din, but recently came across a fictional representation of one (for the sake of explanation, let's say it was in a film or television program) that struck me as ...
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