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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12
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1answer
1k views

(Why) May a Beit Din refuse to bury a body in order to coerce a man into giving a divorce?

I read recently of a case where a Rabbi (I assume as head of a Beit Din) instructed a Jewish burial society not to bury the body of a woman who is the mother of a man who refuses to give his wife a ...
5
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1answer
394 views

Why does a “hung jury” have to go through the motions of persuading someone to change his vote, instead of just acquitting?

In a capital case, a verdict to condemn must be by a majority of at least two. If the sanhedrin votes 12-11 to condemn they add a pair of judges and vote again, and keep doing this until they reach ...
11
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1answer
391 views

Why is the talmud concerned about judges being swayed by each other only for capital cases?

Sanhedrin 4:2 teaches that in a monetary case or one involving (im)purity, judges give their opinions starting with the most senior, while in a capital case they begin with the most junior. In the g'...
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1answer
83 views

Is one liable for murdering after being sentenced to death?

If one was sentenced to death by a Sanhedrin. After leaving the court to his death execution he kills a bystander. Is he liable for that murder? If yes, is he re-judged? Or it depends on what kind ...
3
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1answer
78 views

Legal status of one sentenced to death until execution?

What's the legal status of one who's sentenced to death by a court (say smoked on Shabbos) from the moment of the verdict till the actual death: What're his economical rights (his property, estate, ...
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(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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1answer
92 views

What is the penalty for raping (or seducing) an unmarried non virgin girl in “Halaca”?

In this question, the penalty for seducing or raping a virgin is 50 shekels + pain damage and other torts + mandatory marriage. The bible has 2 verses dealing with raping a virgin but does not talk ...
3
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2answers
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Are Deuteronomy 22:28-29 regading Oneis and Exodus 22:15-16 regarding Mefateh regulating similar issues?

If a man happens to meet a virgin who is not pledged to be married and rapes her and they are discovered, If a man happens to meet a virgin who is not pledged to be married and rapes her and they ...
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20 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 ...
7
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1answer
648 views

Why does a small sanhedrin have 23 judges rather than 21?

Sanhedrin 1:6 explains the size of the small sanhedrin, but I'm having trouble following the reasoning. It says (my notes in brackets): From where do we learn that the little Sanhedrin should be ...
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2answers
78 views

Is there an idea of Beit Din unlawfully pardoning, as opposed to unlawfully killing?

A Jewish Court is allowed to kill a person if it considers the killing worthy even if it is unlawful by the existing Jewish Halacha. This is called עונשין שלא מן הדין (Meggilat Taanit 86, also ...
6
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1answer
87 views

Can a Judge Issue a Ruling After his Death?

In a recent decision (No. 18-272, Yovino v. Rizo, decided February 25, 2019 Per Curiam, properly cited as 586 U. S. ___ (2019)), the United States Supreme Court (SCOTUS) dealt with the matter of a ...
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Why must a convicted Jew be executed immediately?

Here are some speculations why I would think Judaism would never execute [rightfully] convicted Jews right away: We don't like killing people (even those who deserve it) and try everything within our ...
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31 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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“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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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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1answer
79 views

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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1answer
134 views

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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1answer
48 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 ...
7
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1answer
123 views

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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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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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'...
3
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1answer
50 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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2answers
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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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1answer
136 views

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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101 views

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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2answers
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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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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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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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2answers
230 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 ...
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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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1answer
139 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 ...
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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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1answer
328 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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2answers
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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 [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
249 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 ...
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4answers
369 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
50 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 ...
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1answer
56 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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0answers
94 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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26 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
102 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
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2answers
194 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
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1answer
163 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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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 ...