Sunday 10 June 2018

Exploring A Jewish Bet Din And Halakha

By Walter West


Settling disputes in the Jewish tradition is often different than doing so in others. In most cases, Jews prefer to consult with a jewish bet din which is a jewish court of law. Whereas, Halakha is the term for the law of those observing the practices, rituals and traditions of the faith. The first beth din was formed based on laws of the Torah which prescribe that tribes were to appoint court officials to settle disagreements and disputes.

While originally used to quell disputes in the Jewish heritage, these laws are different than those provided by the Federal and State government. The first to serve on the court were 71 rabbis whom served at the original temple in Jerusalem. At that time, the officials heard cases and handed down decisions to the people of Israel.

After the demise and destruction of the temple, the people began spreading out to other areas. As a result, attempting to convene with so many rabbis was no longer viable. Since that time, a beth din has been made of up of three men whom have began serving in many other fashions while continuing to settle disputes among the people.

Before settling a case, the court refers to the halakha. In the beginning, the services of the court were only available to those living in smaller towns and villages. Now, the three members of the court, often rabbis share responsibility that is part and parcel to the formal legal system in Israel. As a result, consultation with the court is often necessary for legal issues as well as some aspects of Jewish rituals and practice.

Outside of Israel, there are some local and national batei din, such as the Beth Din of America or the Beth Din of Manchester which are present for those in these areas wishing to consult members of the court. Most often, the courts are staffed by lawyers and judges whom are knowledgeable of laws and rituals associated with the faith. While this is the case, halakha prescribes that three Jewish men can provide these services without being part of any formal organizations.

While there are several reasons individuals and couples would consult with a beit din, one of the most common is divorce. As with other courts dealing with divorce, the couple must be present at proceedings to assure that all aspects and settlements are legal and binding. While this is the case, it should be noted that there are some aspects under Halakha which are different than those when it comes to divorce under secular laws and traditions.

When it comes to divorce and marriage, once a status is finalized, the court will provide certification and documentation as proof of the dissolution or union. In both cases, those involved must provide a great deal of insight and information as to the request for these services. Whereas, the court also has the power to dissolve oaths made during the past year in other matters upon receiving good reasoning and request.

Other areas the court is involved in beyond these personal aspects are settling business disputes and awarding damages. Whereas, when dealing with civil cases, most courts share the practices and procedures of a secular court when it comes to proceedings. After which, a decision often remains binding when residing or visiting other areas.




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