Stack Exchange Network

Stack Exchange network consists of 174 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers.

Visit Stack Exchange

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.

5
votes
0answers
45 views

The purpose of punishment in the Afterlife

This follows my previous question "can-ones-merits-or-ones-part-in-the-world-to-come-be-traded" In my humble understanding, the purpose of punishment is to make someone better, to cause him to make ...
6
votes
2answers
107 views

Whatever happened to the Chiefs of the 10, 50, 100 and 1,000?

In Parshas Yisro (Shemos 18:25) Moshe appoints the Chiefs of the 10, 50, 100 and 1,000. "וַיִּבְחַר מֹשֶׁה אַנְשֵׁי־חַיִל מִכָּל־יִשְׂרָאֵל וַיִּתֵּן אֹתָם רָאשִׁים עַל־הָעָם שָׂרֵי אֲלָפִים שָׂרֵי ...
0
votes
0answers
18 views

When and how a court's sale is invalidated?

The topic of דיינים שטעו is common in the Gemmorah. Numerous passages discuss what happens when a court gives a "wrong" ruling as a result of different mistakes, either in Halachic knowledge, common ...
0
votes
0answers
14 views

The assessment (שומה) of the judges - how it's done?

There are a lot of Mishnayos and Gemoros discussing שומת דיינים. E.g. Kesubos 99b: "מתני׳: שום הדיינין שפיחתו שתות או הוסיפו שתות מכרן בטל" "The assessment of the judges of the value of a ...
5
votes
2answers
215 views

Eidim Zomemim in a case of seeing a new moon

As discussed in Maseches Rosh Hashanah, if two witnesses saw the new moon, they'd go to Beis Din to testify they saw it and Beis Din would then declare when Rosh Chodesh would be. But what if these ...
0
votes
0answers
62 views

The Four Authorities of a theoretical Halachic Jewish State

I have found traditionally four types of authorities for the governing/ruling of the Jewish nation: A Prophet (like Moses or Shmuel) A Kohen Gadol (Pinchas) Sanhedrin with Nessi A King (Saul, David) (...
0
votes
0answers
53 views

Is there a concept of imprisonment in Jewish law? [duplicate]

Outside of a case I can't exactly recall (where Reuvein hurts Shimon and we don't know if Shimon will survive, Reuvein is held in like a prison until he gets better or dies), it seems that Jewish ...
0
votes
1answer
121 views

Are observant Jews of today more pious than observant Jews of the Sanhedrin period?

Allow me to explain the logic of the question: During the time of the Sanhedrin, a Jew could be put to death for not following the law. While it was certainly enforced for things like murder, it ...
0
votes
0answers
11 views

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 ...
0
votes
0answers
14 views

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 ...
0
votes
0answers
12 views

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 ...
5
votes
1answer
312 views

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.
10
votes
1answer
115 views

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 ...
6
votes
0answers
81 views

Prison in Halacha [duplicate]

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 ...
4
votes
3answers
219 views

Have there been instances where decisions in the Sanhedrin or Rabbinical decisions concerning Jewish practice have been reversed upon later review?

I was curious if there were examples or instances where one generation of Rabbis established an interpretation of the law which was followed accordingly, only to have another generation of Rabbis ...
9
votes
4answers
255 views

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 ...
1
vote
1answer
46 views

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 ...
3
votes
1answer
54 views

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 ...
6
votes
0answers
78 views

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?
1
vote
0answers
20 views

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?
1
vote
1answer
77 views

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 ...
3
votes
2answers
167 views

“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 ...
3
votes
1answer
120 views

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 ...
2
votes
0answers
31 views

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 ...
3
votes
0answers
52 views

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 ...
1
vote
2answers
79 views

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 ...
1
vote
0answers
46 views

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 ...
1
vote
1answer
81 views

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 ...
1
vote
1answer
25 views

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 ...
0
votes
0answers
16 views

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 ...
3
votes
1answer
98 views

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 ...
4
votes
0answers
39 views

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 ...
2
votes
0answers
40 views

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 ...
1
vote
1answer
202 views

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?
4
votes
1answer
301 views

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 ...
6
votes
0answers
75 views

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 ...
-1
votes
1answer
47 views

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 ...
-1
votes
1answer
62 views

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 ...
7
votes
0answers
57 views

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'...
1
vote
0answers
39 views

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 ...
4
votes
1answer
56 views

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 ...
-1
votes
2answers
50 views

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?
4
votes
1answer
135 views

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 ...
1
vote
3answers
117 views

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 ...
1
vote
1answer
67 views

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 ...
1
vote
0answers
43 views

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 ...
0
votes
2answers
73 views

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 ...
1
vote
1answer
241 views

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, ...
2
votes
0answers
65 views

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 ...
5
votes
0answers
52 views

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 ...