Questions tagged [civil-procedure]

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Halachic Right to Confront Accuser? [closed]

Does halachah protect a right to confront one's accusers similar to the constitutional protection in the U.S. and other places?
הראל's user avatar
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2 votes
1 answer
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Tentatively taking on a minhag or chumra

Noting that doing a positive action three times constitues a vow or something akin to a vow, what is the ideal way to tentatively take on a minhag (custom) or chumra (stringency)? Say a Sefardi is ...
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3 votes
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(how) does מיגו still work?

A מיגו is a logical argument used multiple times throughout the Rishonim and Achronim (for example, the Sha"Ch has a very long discussion about it here: https://www.sefaria.org.il/...
Lo ani's user avatar
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0 votes
1 answer
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What are some criteria that would allow a spouse to file for divorce in secular court?

Halachically, from my understanding, a spouse cannot file for divorce in a secular court without permission from Bais Din. Are there any specific reasons spelled out, besides explicit permission from ...
oren972's user avatar
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5 votes
0 answers
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Bowing at the royal coat of arms

In British Magistrate and Crown Courts the royal coat of arms is located behind the bench where the magistrates or judge sit. It is etiquette for solicitors/barristers and anyone giving evidence to ...
EliDov 's user avatar
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1 vote
0 answers
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Benefit from Court Awarded Real Estate

Regarding real estate that is awarded to a Jew in a non-halachic court, at the initiation of the awardee, by use of the discretionary powers of a judge, on a basis that has no concordance with Jewish ...
arnove's user avatar
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11 votes
2 answers
2k views

Is it possible to have a Jewish wedding after a civil ceremony?

My (legal) husband and I had a small courthouse wedding ceremony, which was done entirely for practical reasons after my cancer diagnosis. Neither of us are as frum now as we were raised, but having a ...
AthenaFlute's user avatar
2 votes
1 answer
60 views

How many witnesses have to concur - two or three?

Devarim 17:6 says that the testimony of two or three witnesses should be used to determine the death penalty for someone who was found to have bowed to idolatry. Rash"I implies that all the witnesses ...
DanF's user avatar
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2 votes
0 answers
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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 ...
DanF's user avatar
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6 votes
2 answers
278 views

Can one be compelled to testify?

Can a witness be compelled to testify? The Torah says you must testify [Lev. 5:1] but the Talmud says punishment for not doing so can only come from God [Bava Kamma 55b]. You may not want to testify ...
Maurice Mizrahi's user avatar
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In modern Beis Din, can one Toen VeChozer VeToen?

The Gemara (Bava Basra 31a) says that one can change his claim (somewhat) as long as he didn't leave court, since we suspect that someone taught him new claims: ומודי עולא היכא דא"ל של אבותי ולא של ...
ertert3terte's user avatar
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10 votes
3 answers
589 views

Why do Jews use lawyers in beis din?

Why do Jews who go to Beis Din to resolve a financial disagreement, often use "lawyers" (to'ein) to argue their respective sides. If the dayanim are capable shouldn't they be able to just heard the ...
Mark A.'s user avatar
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2 votes
1 answer
165 views

Does halacha have the concept of "standing to appeal" a court decision?

A blog post published today by Shoshanna Keats Jaskoll in the Times of Israel discusses a case in which a local rabbinical court (beit din) in Tzfat, Israel granted a divorce to a woman on behalf of ...
Isaac Moses's user avatar
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2 votes
2 answers
70 views

Changing the requirements of a monetary case

In Sanhedrin 23: Rashi: נמצאת כת שניה קרובים או seems to imply that if the בעל דין states that he has 2 sets (4 people) of kosher עדים that he now is required to bring forth 2 sets of kosher עדים. It'...
huddie96's user avatar
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7 votes
2 answers
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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 ...
Yosi's user avatar
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5 votes
3 answers
145 views

Damages and two defendants -- how would a beit din resolve?

A friend recently sat on a jury in a civil case where there were two defendants in the case of an injured party, each claiming the other was responsible, and the jury had to decide. I'm curious how a ...
Monica Cellio's user avatar