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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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Is there a subordination to a Beis Din? [duplicate]

As I'm a citizen of the State of Israel, I'm subordinated to the local juridical system including the police and the courts. When two Jews agree to resolve their monetary dispute at a Beis Din they ...
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Yitroh's advice - were the chiefs limited to monetary matters?

Does "הדבר הקטן" refer to monetary matters (דיני ממונות) and "הדבר הגדול" refer to criminal matters (דיני נפשות) or were they also allowed to judge נפשות? (Shmot 18, 21): "...וְשַׂמְתָּ עֲלֵהֶם ...
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Yitroh's advice - was every chief a Beis Din on his own?

This is a follow-up question on "Yitrohs-advise-to-moses-on-appointing-judges (Shmot 18, 21): "...וְשַׂמְתָּ עֲלֵהֶם שָׂרֵי אֲלָפִים שָׂרֵי מֵאוֹת שָׂרֵי חֲמִשִּׁים וְשָׂרֵי עֲשָׂרֹת׃ וְשָׁפְטוּ ...
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Yitroh's advice - did it include hierarchy and subordination?

This is a follow-up question on "Yitrohs-advise-to-moses-on-appointing-judges (Shmot 18, 21): "וְאַתָּה תֶחֱזֶה מִכָּל־הָעָם אַנְשֵׁי־חַיִל יִרְאֵי אֱלֹקים אַנְשֵׁי אֱמֶת שֹׂנְאֵי בָצַע וְשַׂמְתָּ ...
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Killing someone with Shem or kishuf(magic)

Is one liable to death by the Sanhedrin if they killed someone using the Shem HaShem or if they used kishuf.
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How would the 'split the baby in half' situation be resolved according to halacha?

In 1 Kings 3:16-27 there is a story of two prostitutes who appear before King Shlomo, each having a newborn baby. One of the babies died and there was a dispute as to which one. There were no ...
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Prison in Halacha

I realized that nowhere (as far as I can tell) is there a reference to prison being a punishment in the Torah. The closest I even come to someone being kept in prison is the man found gathering sticks ...
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Could a Jewish court try and execute a non-Jew?

When capital punishment was possible, could a beit din try and sentence a non-Jewish defendant that committed a capital crime? Or would a non-Jew whose transgression affected Jews never be tried by a ...
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Why Aharon, Itamar and Elazar were not part of the 70 elders?

Rambam Sanhedrin 2:2 says that the Kohanim are the first to sit in the Sanhedrin: "וּמִצְוָה לִהְיוֹת בְּסַנְהֶדְרִין גְּדוֹלָה כֹּהֲנִים וּלְוִיִּים שֶׁנֶּאֱמַר (דברים יז ט) "וּבָאתָ אֶל ...
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What is the judge's job in a bet din?

Here is a story from the Talmud with relevance to current events: It once happened that Tuvia sinned and Zigud alone came and testified against him before Rav Papa. Whereupon, Rav Papa had the ...
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Did the Sanhedrin ever convene at night or on holidays?

Were there ever any times or special circumstances in either Temple period where the Sanhedrin would convene on Shabbat, at night or on holidays?
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Was the Sanhedrin open to the public?

Besides the 3x23 rows of the students, were the Sanhedrin meetings open to the public as a rule?
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Fitting the Sanhedrin (150) into Lishkat Hagazit (10x15 feet chamber)?

Here's the Tifferes Isroel's plan of the Temple drown to scale (on the bottom), which aligns with the plan of the Second Temple on the WIKI, According to those plans, the size of the whole Lishkat ...
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“She may marry any Jewish man”

My friend showed me her conversion document. The last sentence was [almost identical to the following]: "She may marry any Jewish man except a Kohen." Why would the conversion document go out of its ...
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Is it a sin to deceive one's converting Beis Din?

I am asking about the situation about a convert-in-progress who lies at some point during the conversion process, either--more to-the-point--in response to the prefatory questions about personal ...
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Can anyone make their own Beis Din [duplicate]

This morning I did Hafaros Nedarim, where a panel of 3 people from my shul became 'Dayanim' and were Matir my Nedarim. Considering these were just regular people from my shul, this gave me the ...
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Exact wording to commit to death penalty

To incriminate a person for a capital sin requires a warning, to distinguish between intentional and unintentional transgression (שוגג או מזיד, Makot 6). A person should be warned that the action he ...
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Double jeopardy: can one be prosecuted twice for the same crime

(Based on how-many-witnesses-have-to-concur) I have never heard of a reference to an archive or a secretariat or something to process the paperwork. THere also was no connection between different ...
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Can a Beit -Din force a Jew to save another Jew's life?

A Jew that's terminally ill R"l, and the only treatment is thru a bone marrow transplant. He has a very special type of blood (this is not a biological question). So theoretically and Halachicly (if ...
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How Sanhedrin was possible if there was no agreement about the juridical procedures?

Learning the [beginning of the] Sanhedrin tractate is difficult for me to see the never-ending disagreements between the Tannoyim and/or Ammoroyim (any combination) about the very procedure of ...
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Patur B'Dinei Adam VChayav B'Dinei Shamayim

Often times, the Gemarah will say that one is פטור בדיני אדם וחייב בדיני שמים. One such example is 91a in Bava Kamma. In such a case, although Beis Din can't administer punishment, the criminal must ...
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Does the defendant give his testimony in Nefoshos trials?

The Gemmorah dedicates pages for discussing interrogation of witnesses in Nefoshos trials (NOT MAMONOS, NOT ISHUS), but I don't recall a discussion about the testimony of the defendant. Although the ...
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A fully documented Sanhedrin trial to understand the process?

The Talmudic examples of Sanhedrin executions are numerous, but none brings a full documentary of the process, only the fact that someone was executed. That raises a lot of questions about the exact ...
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Sanhedrin - investigating the evidence, the body and the crime scene?

As I get it, in the Jewish Law, the whole trial is based exclusively on interrogating the witnesses of all the details, but not a need for shreds of evidence or investigation of the crime scene. Say ...
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Is a Bet Din allowed to refuse to consider a case?

Frequently, in U.S. courts, a judge can decide not to hear a civil case if he feels that "it's a waste of the court's time" or he doesn't feel that there's sufficient evidence on either side, or ...
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Can a beis din rule in a case where they're biased?

Can a beis din rule in monetary matters that concern them? For instance can they rule that Simon owes Levi and themselves? Or must it be brought to a unbiased beis din?
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Could video be considered as a valid halachic witness in court?

My understanding is that court cases require a minimum of two witnesses to testify against someone. Could one of these witnesses be a video, or does it need to be specifically a live human? Would ...
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Can anyone warn a man's wife to give her the status of a sotah?

In the Mishna, Sotah 4:5 (and Bavli 27a) it explains that in certain situations Beit Din may warn a woman not to be secluded with a man and this warning carries the legal status of kinuy such that if ...
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Yitroh's Advise to Moses 6 - subdividing the nation?

In the Parasha we read that Moses prophesied the 78,600 judges. According to all Meforshim each one was appointed to a specific group of people. But did he also prophesied the division of the Israeli ...
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Yitroh's Advise to Moses - What's the Chiddush?

Bney Noah are commanded on Dinim, that is establishing a legal system and courts. I would expect the Israelites in Egypt and through the Exodus to comply with this commandment and have already ...
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The process of the evaluation of the Sages' wisdom when electing for the Sanhedrin?

Mishnah Sanhedrin 4,4: "ושלש שורות של תלמידי חכמים יושבין לפניהם כל אחד ואחד מכיר את מקומו" Three rows of the Sages sit before [the Sanhedrin of 71], every one of them knows his place Rambam'...
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Questions on Yitroh's Advise to Moses on appointing judges [closed]

Without further ado: Bney Noah are commanded on establishing a legal system and courts. I would expect Bney Israel in Egypt and through the Exodus to comply with this commandment. What Chidush did ...
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Why does Yisro recommend so many judges?

In Shemos 18:21 Yisro tells Moshe that he shouldn't judge Bnei Yisrael himself, instead he should appoint: וְאַתָּ֣ה תֶחֱזֶ֣ה מִכָּל־הָ֠עָם אַנְשֵׁי־חַ֜יִל יִרְאֵ֧י אֱלֹהִ֛ים אַנְשֵׁ֥י אֱמֶ֖ת ...
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Execution by Bet Din [duplicate]

Learning gemara I did not see any death sentences that were carried out by the Bet Din. Did the Bet Din ever carry out a death penalty case?
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Don't have to articulate hataras nedarim?

I recently made a hataras nedarim in which two of the three dayanim were not articulating a single word, but simply intoning something like a low hum, during the part that is supposed to be said ...
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Can (or has) the Sanhedrin be (been) halachically established today?

Can (or has) the Sanhedrin be (been) halachically established today? If those whose answer imply that the Sanhedrin does not yet exist, then what are we to think of the so-called Sanhedrin that ...
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What is the process involved in a Beth Din recognition of Jewish status? [duplicate]

I was curious if someone could give me a breakdown regarding what the process would be for a person to receive recognition of their status through the Beth Din. I'm not speaking to conversion but of ...
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Ten commandments for judges

The Ba'al HaTurim to Devarim 1:13 notes that the word ואשמם, "And I will place [the judges as your head]," is written without the י after the ש. (This is up to debate amongst the commentaries, and not ...
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Why do we ask for judges to be restored after Moshiach comes?

In the blessing of Hashiva Shofteinu in the amida, we ask Hashem to restore the judges - referring to the times of Moshiach. Why would there be a need for judges (and Sanhedrin) in the times of ...
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Why are courts called “Elohim”?

There are numerous places in the Torah where the word "Elohim" אלהים does not mean "G-d", but rather a court. Why are courts named after one of G-d's names, and considering that G-d has many names, ...
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Sanhedrin Redefining the simple translation of a Passuk

The Sanhedrin are empowered with the capability of defining a certain word or verse in the Torah through a Drasha exegesis (cf. Hilkhot Mamrim 1:3). Firstly, does this mean that before the Sanhedrin ...
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What prompted the absent-Sanhedrin-head decree in Rosh Hashana 4:4?

R' Yochanan ben Zakai, in leading the Jewish people during and immediately after the Destruction of the Second Temple, issued many decrees aimed at responding to the new post-Temple reality and ...
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What are the requirements to be killed in Beis Din?

It is my understanding that it is incredibly difficult to be killed in Beis Din - so much so that one that kills once every seven (or seventy) years is a murderous one (Makkos 1:10). What exactly are ...
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Does the proclamation of the New Moon by Beis Din have an effect on nature?

I found in this celebratory volume, p 172 (haoros.com/download.asp?kovetzID=1086&ext=pdf) והנה הרא"ה בספר בדק הבית שלו הובא בש"ך יור"ד סי' קפ"ט סקי"ג הסכים עם קושיית הרמב"ן, ולפיכך כתב שיש ...
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Does the blessing “Poke'ach 'Ivrim” contain an allusion to the ill effects of bribery?

One of the Blessings of the Morning says that God פּוֹקֵחַ עִוְרִים opens [the eyes of] the blind (Sefaria community translation) This phrase is an almost exact reversal of the Torah's ...
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How is Peshara done?

The Gemara in the first chapter of Sanhedrin discusses the concept of Din ("justice") and Pshara ("compromise"). How Din works is simple. Look up Choshen Mishpat and apply the rules. But how is ...
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Why do Jews use lawyers in beis din?

Why do Jews who go to Beis Din to resolve a financial disagreement, often use "lawyers" (to'ein) to argue their respective sides. If the dayanim are capable shouldn't they be able to just heard the ...
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62 views

reckless endangerment

Is it possible to bring someone to beit din on the charge of reckless endangerment? If so - what is the correct terminology to describe this sort of crime? Let's define reckless endangerment ...
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Is doctrinal unity enforced in Judaism and if so, How?

In Catholicism we have the concept of the Magisterium. The Magisterium is the official teaching office of the Church and consists of all the bishops who are united to the Pope. The Magisterium is ...
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Does halacha have the concept of “standing to appeal” a court decision?

A blog post published today by Shoshanna Keats Jaskoll in the Times of Israel discusses a case in which a local rabbinical court (beit din) in Tzfat, Israel granted a divorce to a woman on behalf of ...