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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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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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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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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133 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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why are kohanim mentioned in connection with judgement

In Devarim 17:8-9 we read: If there arise a matter hidden from thee in judgment, between blood and blood, between verdict and verdict, and between plague and plague, even matters of controversy ...
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215 views

If G-d is the final judge, what's the point of human courts?

If G-d is the final judge, what's the point of human courts in Judaism? Aside from their obvious function in practical matters like divorce that need to be taken care of here and now and not decided ...
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745 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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207 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?
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R' Herschel Schachter on Female Dayanim

R' Saul Berman was a scholar in residence at Harvard Hillel this past Shabbat Zachor (28 Feb 2015). During se'udah shelishit, in response to a query which dealt with his talk after shacharit, he said ...
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216 views

Q on Men of the Great Assembly [duplicate]

When did the Men of the Great Assembly start and cease to function and why? What was their relationship to the Sanhedrin and to beit Hillel and Shammai?
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235 views

Is a non-Jew executed in Beit Din hung? Is his body Promptly Removed?

Do the laws in Devarim 21:22-23 referring to the commandment to hang as well as the prohibition of leaving the body apply to a gentile who is executed by Beit Din in Eretz Yisroel? 22 And if a man ...
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59 views

Why does the gemara seem to care more about erasing God's name than getting the correct ruling for a sotah?

In the mishna on Sotah 7a , we learn that the beis din intimidates the sotah in order to try to get her to admit to wrongdoing and avoid drinking the sotah water. The gemara on 7b asks why our mishna ...
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33 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 ...
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91 views

Can later scholars make an issue of something that earlier scholars were not concerned about?

I know that this is a potentially broad subject but there seems to be a phenomenon where later generations of scholars (i.e. after the close of the Gemara; the Amoraim) come up with new halakhoth or ...
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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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381 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, ...
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Calendar Rules before Hillel HaSheini

In today's calendar (that is, the one established in 4119 by Hillel the Amora), months alternate between 30 days and 29 days, generally speaking. However, because of the "Arba Dechiyos" (lo adu Rosh, ...
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157 views

Giur receives Smicha Paricipation in Bet Din

I have recently been told that it is possible for a man who does GIUR to eventually receive SMICHA. My question is the following; If he can receive SMICHA , why is not possible for himever to be a ...
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44 views

Give money to defendants to pay their claims? Won't that increase theft?

Avos d'R' Nasan, 33:1: … Not only that, but our father Abraham did tz'daka (≈social justice) first and thereafter mishpat (≈justice), as is said [Gen. 18:19] "for I know him, for ...
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Do the laws of witnesses apply to members of a bait din?

Do the laws restricting witnesses based on their relation to other parties in the case or based on their past sins apply to the judges of a bait din? Eg. Can a father and son serve together? May 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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145 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 ...
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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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101 views

Mi La'Hashem Eilai - Was this an appropriate response?

This question weaves together a couple different sources. The first nekudah comes from 32:32 where we have the phrase: וְאִם-אַיִן--מְחֵנִי נָא, מִסִּפְרְךָ אֲשֶׁר כָּתָבְתָּ - If you will not [...
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What punitive powers, if any, does a modern day Beit Din posses?

If a person is summoned to a Beit Din today for a legal or monetary dispute and refuses to come to the Beit Din or participate in the process in any way, what punitive powers does a Beit Din in ...
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31 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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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When did the Talmudic penalty of death stop being carried out? [duplicate]

Possible Duplicate: History of Capital Punishment When did the Talmudic penality of death stop being carried out? For example, the opening verses of Tractate Sotah describe death penalty for ...
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90 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 ...
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What is a majority that forces the Sanhedrin to bring an offering?

The Mishna states that a majority who followed an erroneous decision is needed to force the Beit Din to bring an offering. Is this an absolute majority? The majority of people cannot carry out many ...
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427 views

What are quotes in Neviim that mention justice? [closed]

I'm looking for some quotations in Neviim that discuss the idea of justice. Are there any verses in Neviim that discuss justice?
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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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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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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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199 views

Beis Din in Monsey? [closed]

What are some reliable batei dinim in Monsey? How much do they charge for services and how does someone get in touch with them?
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253 views

How is the body of a androginus or tumtum hung?

If an androginus (person possessing both sex organs) or tumtum (person of unspecific gender) is punished by beis din for a capital case and then hung, how is the body displayed? Like a man (naked but ...