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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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Number of sages in the Sanhedrin of Yavneh

According to Sanhedrin 1:6, the Sanhedrin in Jerusalem had either seventy or seventy-one sages. But according to Zevachim 1:3, Yadayim 3:5 and 4:2, there were seventy-two sages in Yavneh on the day ...
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“Where's the court's power to assess?” Who cares?

The mishna, K'subos 11:5, quotes Raban Shim'on ben Gamliel as saying that a court's property assessment is effective even when found to be far off the mark. The reason he gives is "otherwise, where's ...
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648 views

Can you convert without a rabbi?

Disclaimer: I am already Jewish. This question for curiousity only. Obviously it is always the best idea to convert to Judaism with a proper, official beit din. Three Jewish males over the age of bar ...
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Obligation of a Beis Din to judge and decide on Issurim?

THe question about the baby switch made me think of this question: In the realm of Issurim (Arayos, Mamzerim, conversion, Kohen, etc) when new evidence arises, is a Beis Din and what Beis Din ...
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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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What is the source for Beis Din's obligation to enforce mitzvos

The Gemarra in Kesubos 86a and Chullin 132b teaches the following: במצות עשה כגון שאומרין לו עשה סוכה ואינו עושה לולב ואינו עושה מכין אותו עד שתצא נפשו With regard to positive mitzvot, for ...
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Why did the Rambam leave out Beis Din's obligation to enforce mitzvos

The Gemarra in Kesubos 86a and Chullin 132b teaches the following: במצות עשה כגון שאומרין לו עשה סוכה ואינו עושה לולב ואינו עושה מכין אותו עד שתצא נפשו With regard to positive mitzvot, for ...
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Why isn't a warning required to obligate a fine?

The Torah says that by capital punishment (Hilchos Issurei Bi'ah 1:2) and by lashes (Hilchos Sanhedrin 16:4) a person must be given proper hasra'ah (warning) before a punishment can be administered. ...
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343 views

Napoléon's Sanhedrin

In 1806, Napoléon Bonaparte convened a synod of French rabbinim (mainly Alsatiens and Bordelais) to ascertain halachic opinions on a set of questions. What is the halachic standing of this synod's ...
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Can halacha of Eidim Zomemim be applied in today's times? (ex: $ cases)

Scenario: Reuven & Shimon are at the Beth Din of America in Manhattan and are testifying that Levi completely wrecked Yehuda's Manhattan apartment on March 17. Suddenly: Dan & Naftali ...
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47 views

Why does the mishna prescribe an indirect measure of whether somebody knew about a court ruling?

The mishna in Horayot 1:2 discusses a case where a court made a ruling that something is permitted and then later rescinded the ruling. Meanwhile, somebody did the thing they initially said is ...
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Jewish man serve on Beis Din for woman he's dating

Shalom everyone, I'm just curious, if a Jewish man is dating a woman who is converting I assume it wouldn't be appropriate to serve on her beis din, but is it prohibited halachically?
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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 considered "destructive",...
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In the time of the mishna, were there Jewish cities without courts?

In a discussion of the heifer ritual when a murder victim is found between two cities, Sotah 9:2 lists some cases when a city does not bring a heifer, including a city where a majority of the ...
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238 views

How could they stone with esrogim without a court case?

The mishnah in Sukkah (48b) tells of a Tzadukki who, on Sukkot, performed a service in the temple incorrectly and all the people in the temple stoned him to death with their esrogim. I would like to ...
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Did Rabban Shim'on ben Gamli'el accept the stipulation of the court?

The Mishna (Demay 7:3) gives the case of a worker who doesn't trust his employer to separate tithes. The worker has to separate tithes himself, i.e. 1% (1 fig out of 100) for terumat ma'aser, and ma'...
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48 views

Can a Bet Din's Halachic rulings be retroactively annulled if a Dayan is found to be corrupt or a grave sinner?

Are there any retroactive ramifications in a case where Ch"v there is fullproof evidence (or admission) of a Dayan being corrupt or committing sins such as breaking shabbat/adultery/murder or עבירות ...
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3answers
700 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 ...
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930 views

Why is the torah so misleading without the oral law

In Parshas Ki Teitze (Devarim 22:13-21) it says if a man takes a wife, hates her, accuses her of not being a virgin, etc. Then the elders spread out the bedsheet to see if there is blood of virginity. ...
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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 ...
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Why is halitzah mandatory and is subsequent marriage allowed?

Some batei din make halitzah mandatory and do not allow levirate marriage, even threatening jail if the surviving brother refuses halitzah and wants a levirate marriage. What is the law if the couple ...
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Yeshiva University RIETS Semicha Yorei and Yadin

1) Who is eligible to join this program? If I learnt my whole "Bachur Years" in ordinary schools and Yeshivot will I be accepted? (I have a diploma and a BTL). 2) What is a classic Seder HaYom for ...
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The purpose of punishment in the Afterlife

This follows my previous question "can-one's-merits-in-the-world-to-come-be-traded" In my humble understanding, the general purpose of punishment is to make someone better, to make a person change, ...
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What is the best way to keep updated with status of hechsheirim in Israel?

There are many halachic (and sociopolitical, agricultural, religious, economical, etc.) kashrut issues pertinent to Israel alone, leading to a great variety of challenges that kashrut authorities face....
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What do the different terms for “judges” indicate?

In a few places in the chumash, the word "elohim" is translated as "judges". Rashi does this on Bereishit 6:2 and many meforshim do this on the uses in Shemot (such as in 22:7 and 8) saying that the ...
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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 ...
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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?
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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 ...
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Does the Torah ever mention jail as a punishment for a crime?

I have learned that punishments in the Torah often (always?) have a rehabilitative aspect to them as well as providing justice to the victim, e.g. someone who steals and can't pay back the value of ...
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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 ...
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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 ...
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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 ...
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Is one allowed to kill false witnesses to his own capital crime?

Reuven and Shimon conspire to execute Levi in Beis Din (court) for killing Yehuda by their testimony. There were no Eidei Hazama (counter-witnesses) who will expose Reuven and Shimon to be liable to ...
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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) (...
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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 ...
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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 - 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 - 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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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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321 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.
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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 ...
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4answers
346 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 ...
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1answer
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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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Beis Din - peshara and Za.B.L.A

In an actual Beis Din case these days, if someone is summoned to Beis Din, can the nitva (respondent) insist on using a different Beis Din than the plaintiff sent the hazmana (summons) from? Does ...
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1answer
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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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1answer
55 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 ...
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91 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?
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2answers
188 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 ...
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22 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?
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1answer
143 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 ...