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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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9
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0answers
145 views

Looking for a particular idea from Reb Yonason Eibshitz

I recall reading a quote from Reb Yonason Eibshitz concerning a judge on a beis din of 23 faced with a strange situation. The defendant seems to the judge to be guilty of murder, but this judge is the ...
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1answer
123 views

Does Beis Din have the authority to quarantine?

In light of the recent discussions about the legality of quarantining potential Ebola patients, I was wondering if Halacha has the mechanism for such a thing. In an autonomous Jewish society, in ...
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82 views

(How) did the South African rabbinate deal with non-white conversion candidates during apartheid?

As I understand it, during apartheid, the South African government treated the Jews as "white." Did it ever happen that someone in a different racial group expressed interest in converting to Judaism ...
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108 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 ...
7
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1answer
252 views

Is there a penalty under the law for attempted adultery?

If a married man or woman propositions sexual misconduct to a person, or a man or woman propositions a person they know is married, is there a prescribed penalty according to the law, i.e. would a a ...
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84 views

Is plea-bargaining allowed in Judaism?

Consider this form of plea-bargaining: "Plead guilty to a lesser crime. In exchange, we won't prosecute you further and you give us information about your bosses and testify against them." This is ...
6
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25 views

Why do we say Dayanim Mumhim in Hatarat Nedarim (Canceling vows)?

The text of Hatatarat Nedarim starts like this: שִׁמְעוּ נָא רַבּותַי דַּיָּנִים מֻמְחִים "Please hear, expert Dayanim (court) It's not just that usually we gather three random people to be ...
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100 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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58 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 ...
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265 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 ...
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63 views

R' Meir of Rotenburg responsum cited by Mahari Bruna

At the end of Mahari Bruna responsum 111 (שו"ת מהר"י מברונא סימן קיא) he refers to a responsum by R' Meir of Rotenburg in which it was held that anyone could demand, on pain of cherem, a copy of any ...
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32 views

Do we have Hilchot Shotrim (Policemen laws)?

"מִצְוַת עֲשֵׂה שֶׁל תּוֹרָה לְמַנּוֹת שׁוֹפְטִים וְשׁוֹטְרִים בְּכָל מְדִינָה וּמְדִינָה וּבְכָל פֶּלֶךְ וּפֶלֶךְ שֶׁנֶּאֱמַר (דברים טז יח) "שֹׁפְטִים וְשֹׁטְרִים תִּתֶּן לְךָ בְּכָל שְׁעָרֶיךָ". ...
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26 views

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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40 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 ...
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283 views

Must all parts of Hatarat Nedarim be said in a language which we understand, or only some parts?

Introduction Before Rosh Hashanah, it's customary to do the "annulment of vows" ceremony. There are good reasons for this ceremony. Though the ArtScroll Siddur commentary warns: Annulment is ...
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90 views

When did Jewish court systems replace Yisro's “chiefs” system?

The Jews in the desert implemented Yisro's "chiefs" system to act as judges, but we know at some point the nation transitioned to the courts system with judges of 3, 23, 71, etc. At what point and ...
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35 views

“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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57 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 ...
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46 views

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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53 views

How frequently should Shatnez laboratories be checked?

Many cities have a laboratory where individuals can take their clothes to check if there is shatnez and if necessary to remove it. Often these laboratories are under the supervision of the local Beis ...
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1answer
60 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 ...
3
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1answer
328 views

What is the role of a shofet (as in the book of Shoftim)?

In the book of Shoftim (Judges) we are introduced to a the role of a shofet ("judge"). At first glance, it's a very vague role. Hashem uses judges to prevent the Jews from sinning. But not much else ...
3
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1answer
186 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 ...
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21 views

Does a witness in a criminal case have to “volunteer” information?

I have to admit, that I have never been a witness in a criminal case in U.S. However, I asked a lawyer about the swearing to "tell the truth, the whole truth, and nothing but the truth." Truth is ...
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48 views

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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43 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 ...
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67 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 ...
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65 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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93 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 ...
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1answer
130 views

Devarim Rabbah 2:24 - conversion without beit din?

In Devarim Rabbah 2:24, there is a story where the Rabbis pay condolences to a Roman senator who committed suicide to save the Jews. The Rabbis hint that it was a shame that the senator died ...
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24 views

Do decentralized arbitration markets satisfy mitzvah to set up courts?

Do decentralized arbitration markets like Aragon satisfy the noahide mitzvah to set up courts? Context: Aragon is a decentralized arbitration market, rather than being tied to any one nation-state it ...
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24 views

Considerations for impeachment of the Nassi of Sanhedrin

While cynically coincidental, my business is exclusively with the Sugya of the [temporary] impeachment of Rabban Gamliel in his Maariv Chova argument with R' Yahoshua (Brochos 27b). אמרי עד כמה ...
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66 views

Examples of a decision ruled by voting of Sanhedrin in the Talmud

If I understand correctly the Peshat of the Torah (Deut 17), when a Machlokes raises, there's a simple and Kosher way of resolving it - gathering the High Court and voting on it and, of course, ...
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33 views

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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23 views

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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0answers
18 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 ...
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0answers
16 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 ...
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27 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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49 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 ...
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56 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 ...
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78 views

Flint, Michigan: Who would be HALACHICALLY Liable?

As a hypothetical scenario, we assume that the events of the Flint water crisis are taking place in a location where Beis Din and Jewish law are ascendant. Here's a quick summary of the facts: The ...
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0answers
57 views

Where did the sanhedrin get its power from?

I guess we always assume that the power invested in the Sanhedrin comes from "Lo Sasur". However, this posuk is talking about either the Kohanim, or the shofet. Now, I know originally the cohen gadol ...
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54 views

Source for split between דיני ממונות and דיני נפשות

There's a fairly commonly quoted idea in נזיקין masechtos, that a difference exists between דיני ממונות (monetary cases) and דיני נפשות (capital cases); that by דיני ממונות the חייב [whoever is חייב] ...
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184 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 ...
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9 views

Tribes' Nessi'im and can a judge sit in two Sanhedrins simultaneously?

Following and completing "order-of-promotion-of-judges" In what Sanhedrin did the tribes' Nesi'im sit - tribal (23) or common (23 at Temple Mt) or the Great (73)? And, therefore, should every Sage ...
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20 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 ...
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72 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) (...
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14 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 ...
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15 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 ...
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17 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 ...