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Encyclopedia > Beth Din

A beth din (בית דין, Hebrew: "house of judgment", plural battei din) is a rabbinical court of Judaism. In ancient times, it was the building block of the legal system in the Land of Israel. Today, it is invested with legal powers in a number of religious matters, both in Israel and in Jewish communities throughout the world, where their judgments hold varying degrees of authority (depending upon the jurisdiction and subject matter) in matters specifically germane to Jewish religious life. Hebrew is a Semitic language of the Afro-Asiatic language family spoken by more than 7 million people, mainly in Israel, the West Bank, the United States and by Jewish communities around the world. ... Rabbi (Classical Hebrew רִבִּי ribbÄ«;; modern Ashkenazi and Israeli רַבִּי rabbÄ«) in Judaism, means teacher, or more literally great one. The word Rabbi is derived from the Hebrew root-word RaV, which in biblical Hebrew means great or distinguished, (in knowledge). In the ancient Judean schools the sages were addressed as רִבִּי (Ribbi... Judaism is the religion of the Jewish people. ... This article concerns the concept of The Land of Israel (Hebrew: ארץ ישראל Eretz Yisrael) in Jewish and Christian thought from its Biblical sources to the present day. ...

Contents


Antiquity

Torah commentators point out that Jethro was the first to suggest to Moses that he divest his legal powers and delegate his power of judgment to lower courts. This situation was formalised later when God gave the explicit command (Deuteronomy 16:18) to "establish judges and officers in your gates". Torah (תורה) is a Hebrew word meaning teaching, instruction, or law. ... Meforshim is a Hebrew word meaning commentators (or roughly meaning exegetes), and is used as a substitute for the correct word perushim which means commentaries. In Judaism this term refers to commentaries by the commentators on the Torah (five books of Moses), Hebrew Bible, the Mishnah, the Talmud, responsa, even... Jethro (יִתְרוֹ His excellence/posterity, Standard Hebrew Yitro, Tiberian Hebrew Yiṯrô) is a figure from the Hebrew Bible. ... Moses or Moshe (מֹשֶׁה, Standard Hebrew , Tiberian Hebrew , Syriac ܡܘܫܐ , Arabic موسى , Ethiopic ሙሴ Musse, Latin ), son of Amram (Imran in Arabic) and his wife, Jochebed, a Levite. ... Deuteronomy is the fifth book of the Hebrew Bible. ...


There were three types of courts (Mishnah, tractate Sanhedrin 1:1-4 and 1:6): The Mishnah (Hebrew משנה, repetition) is a major source of rabbinic Judaisms religious texts. ...

  • The Sanhedrin, the grand central court on the Temple Mount, numbering 71
  • Smaller courts of 23, called a Sanhedrin Ketanaa, a "small Sanhedrin". These courts could pass the death verdict. These existed on two levels, the one higher in standing than the other:
    • Capitals of the tribes had a court of 23
    • All towns of a minimum size (either 120 or 230 people) had to have a court of 23, which was under the jurisdiction of the tribal court
  • The smallest court of three; any smaller court could not pass binding verdicts and only dealt with monetary matters.

Even though normally an Orthodox beit din requires a minimum of three Jews knowledgeable and observant of Jewish Law, in new communities and exigencies, providing a thorough search has proved unfruitful, Halakhah requires that even one Orthodox Jew can establish a beit din, since every Orthodox community is required to establish its own beit din.[citation needed] Urim For the tractate in the Mishnah, see Sanhedrin (tractate). ... The Temple Mount (Hebrew: (without niqqud: הר הבית), Har haBáyit) or Noble Sanctuary (Arabic: الحرم الشريف, ▶ (help· info)) is a hotly contested religious site in the Old City of Jerusalem. ... The Torah describes certain forms of corporal punishment for certain sins and crimes. ... This is a list of the Tribes of Israel. ... Orthodox Judaism is the stream of Judaism which adheres to a relatively strict interpretation and application of the laws and ethics first canonized in the Talmud (The Oral Law) and later codified in the Shulkhan Arukh (Code of Jewish Law). It is governed by these works and the Rabbinical commentary... Halakha (Hebrew: הלכה; also transliterated as Halakhah, Halacha, Halachah) is the collective corpus of Jewish rabbinic law, custom and tradition. ... For the ancient city of Urim see Ur. ...


Participation in these courts required the classical semicha, the transmission of judicial authority in a straight line down from Moses. Since the destruction of the Temple in Jerusalem in 70 CE, the transmission of semicha has been suspended. Attempts in the 16th century to reinstate the semicha were unsuccessful; Rabbi Yosef Karo was one of the recipients of this semicha. Semicha was declared reinstated by the controversially reëstablished Sanhedrin in October, 2004. Semicha (סמיכה) (meaning leaning [of the hands]) is a Hebrew word referring to what may be roughly translated as the ordination (in Hebrew: semichut סמיכות) of a rabbi within Judaism. ... The Temple in Jerusalem or the Holy Temple (Hebrew: בית המקדש, transliterated Beit HaMikdash) was built in ancient Jerusalem in c. ... Centuries: 1st century BC - 1st century - 2nd century Decades: 20s 30s 40s 50s 60s - 70s - 80s 90s 100s 110s 120s Years: 65 66 67 68 69 - 70 - 71 72 73 74 75 Events The building of the Colosseum starts (approximate date). ... (15th century - 16th century - 17th century - more centuries) As a means of recording the passage of time, the 16th century was that century which lasted from 1501 to 1600. ... Rabbi Yosef (Joseph) Ben Ephraim Karo is one of the most important leaders in the history of halakha (Jewish law). ...


Courts ruled in both ritual and monetary matters (issurim and mamonoth). Any question that could not be resolved by a smaller court was passed up to a higher court. If the Sanhedrin was still uncertain, Divine opinion was sought through the Urim ve-Tumim (the parchment in the High Priest's breastplate, which was inscribed with the Name of God and could give metaphysical clues). For the ancient city of Urim see Ur. ... At the bottom of the hands, the two letters on each hand combine to form יהוה (YHWH), the name of God. ...


The Mishnah and Talmud distinguish between criminal (issurim) and civil (mamonoth) cases, and impose different regulations for each, with criminal cases generally having much more stringent limitations.


Present situation

In orthodox Judaism, a beth din needs to be made up of three adult Jewish males, at least one of whom needs to be widely knowledgeable in halakha (Jewish law), and must be sufficiently knowledgeable to instruct the other two members in any matters of halakha relevant to the case being heard. The word Jew (Hebrew: יהודי transliterated: Yehudi) is used in many ways but generally refers to a follower of Judaism, a child of a Jewish mother, or someone of Jewish descent with a connection to Jewish culture or ethnicity; and often a combination of these attributes. ... Halakha (Hebrew: הלכה; also transliterated as Halakhah, Halacha, Halachah) is the collective corpus of Jewish rabbinic law, custom and tradition. ...


In practice, permanent battei din consist of three rabbis, while battei din for an occasional matter (e.g. handling religious vows) need not consist of rabbis. For courts that handle complex monetary cases or large community organisations, dayanim ("judges", singular: dayan) are required. A dayan has an additional semicha (yadin yadin) which enables him to participate in such a court and adjudicate complex cases involving highly technical points of law. Semicha (סמיכה) (meaning leaning [of the hands]) is a Hebrew word referring to what may be roughly translated as the ordination (in Hebrew: semichut סמיכות) of a rabbi within Judaism. ...


Battei din are required or preferred for the following matters:

  • Validation of religious bills of divorce (get, pl. gittim);
  • Hechsher: kosher certification of restaurants and food manufacturers;
  • Examination of Shochetim and the control of theShechita Inspectors
  • Monetary cases: Jews are exhorted (Shulkhan Arukh, Choshen Mishpat 26) to have their civil cases judged by religious courts instead of taking their cases to secular judges (arka'oth); In modern practice, the litigating parties will sign an arbitration agreement agreeing to accept the judgment of the Beth Din as binding. In the event of non-compliance, the agreement may be taken to secular courts for enforcement with the permission of the Beth Din.
  • Religious conversion: a ger tzedek ("convert" or "proselyte") requires a beth din to be accepted into Judaism; it is convened to determine whether or not a prospective convert is sufficiently prepared to enter the "Covenant of Abraham" and to join the Jewish people. At least one member of the court must be a rabbi who is an expert on the laws of conversion.
  • Supervising the building and maintenance of a mikvah;
  • Determination of "personal status" (i.e. whether someone is a Jew according to halakha) - some battei din hold local records of marriages and deaths within the community.
  • the authorisation and supervision of mohelim.
  • Questions relating to burial practices and mourning.

A get (גט, plural gittim or gittin) is the Hebrew word for a divorce document. ... Hechsher (הכשר Hebrew: kosher approval , plural: hechsherim) is the formal granting of certification, usually by an authorized rabbi, that a product is certified as kosher (meaning fit [for consumption].) A hechsher is usually conveyed to the public by a special marking on products (generally foods) certifying that the item is certified... The circled U indicates that this can of tuna is certified kosher by the Union of Orthodox Congregations. ... Shechita Shechita (Hebrew ) is the ritual slaughter of animals, as prescribed for slaughter of mammals and birds according to Jewish dietary laws. ... Shechita Shechita (Hebrew ) is the ritual slaughter of animals, as prescribed for slaughter of mammals and birds according to Jewish dietary laws. ... The Shulkhan Arukh (Hebrew: Prepared Table), by Rabbi Yosef Karo is considered the most authoritative compilation of Jewish law since the Talmud. ... Religious conversion is the adoption of new religious beliefs that differ from the converts previous beliefs; in some cultures (e. ... Ger tzedek (Hebrew: righteous proselyte or proselyte [of] righteousness) or Ger (stranger or proselyte) is a gentile (i. ... Judaism is the religion of the Jewish people. ... Abraham (אַבְרָהָם Father/Leader of many, (circa 1700 BCE) Standard Hebrew Avraham, Tiberian Hebrew ; Arabic ابراهيم ; Geez አብርሃም ) is regarded as a patriarch of Israelite religion, recognized by Judaism and later Christianity, and a very important prophet in Islam. ... Rabbi (Classical Hebrew רִבִּי ribbÄ«;; modern Ashkenazi and Israeli רַבִּי rabbÄ«) in Judaism, means teacher, or more literally great one. The word Rabbi is derived from the Hebrew root-word RaV, which in biblical Hebrew means great or distinguished, (in knowledge). In the ancient Judean schools the sages were addressed as רִבִּי (Ribbi... Mikvah (or mikveh) (Hebrew: מִקְוָה; Tiberian Miqwāh, Standard Hebrew Miqva) is a ritual bath used for immersion in a purification ceremony within Judaism. ... Who is a Jew? (Hebrew: ?מיהו יהודי) is the name of the religious, social and political debate on the exact definition of which person can be called Jewish. ... A mohel (or moel) is a Jewish ritual circumcisor who performs a brit milah ritual circumcision on the penis of a male who is to enter the Jewish covenant. ... // May you be comforted with all the mourners of Zion and Jerusalem Death and dying Everything that Jews do regarding death is for one of two reasons: respect for the dead (kavod ha-met) or to console those left behind (nihum avelim). ...

Officers of a Beth Din

A large beth din may have the following officers

  • Av Beth Din (אב בית דין Father of the Court) is the most senior jurist who may join in the adjudication of cases or advise the presiding dayanim. The av beth din will usually be a highly respected rabbi and posek, who can give responsa.
  • Rosh Beth Din (ראש בית דין Leader of the Court) equivalent to a chief justice, he will be the senior member of a three judge panel. In smaller courts the av beth din, also serves as the rosh.
  • Dayan (דין Rabbinic Judge) who sit and adjudicate cases. A rabbinic judge may directly question and cross-examine witnesses.
  • Chaver Beth Din (חבר בית דין Friend of the Court, Amicus curiae) is an internal adviser to the court. He may bring specialised expertise to the beth din. Often a chaver will be a dayan with training in secular law or science, who can share his experience and perspectives with the court. For example some battei din that deal with issues of shechiṭṭah, may have a chaver who is knowledgeable about veterinary medicine or meat science to assist the court, as an expert witness.

JURIST is an online legal news and research service hosted by the University of Pittsburgh School of Law, edited by Professor Bernard Hibbitts and a staff of more than 20 law students. ... Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision or judgment which determines rights and obligations between the parties involved. ... Rabbi (Classical Hebrew רִבִּי ribbÄ«;; modern Ashkenazi and Israeli רַבִּי rabbÄ«) in Judaism, means teacher, or more literally great one. The word Rabbi is derived from the Hebrew root-word RaV, which in biblical Hebrew means great or distinguished, (in knowledge). In the ancient Judean schools the sages were addressed as רִבִּי (Ribbi... Posek (Hebrew פוסק; pl. ... Note: This is based on an entry from the 1906 public domain Jewish Encyclopedia The responsa literature, known in Hebrew as Sheelot U-teshuvot (questions and answers), is the body of written decisions and rulings given by rabbis to questions addressed to them. ... In many countries, especially common law countries such as Canada and the United States the Chief Justice is the name for the presiding officer on a senior court such as the United States Supreme Court, the Supreme Court of Canada, the Supreme Court of New Zealand, the Supreme Court of... In law, cross-examination is the interrogation of a witness called by ones opponent. ... This article is about witnesses in law courts. ... Definition and Explanation: Amicus curiæ (Latin for friend of the court; plural amici curiæ) briefs are legal documents filed by non-litigants in appellate court cases, which include additional information or arguments that those outside parties wish to have considered in that particular case. ... Shechita Shechita (Hebrew ) is the ritual slaughter of animals, as prescribed for slaughter of mammals and birds according to Jewish dietary laws. ... Veterinary medicine is the application of medical, diagnostic, and therapeutic principles to companion, domestic, exotic, wildlife, and production animals. ... An expert witness is a witness, who by virtue of education, or profession, or experience, is believed to have special knowledge of his subject beyond that of the average person, sufficient that others may officially (and legally) rely upon his opinion. ...

See also

Beth midrash (or Beit Midrash or Bais Medrash or Bais Medrish) (plural battei midrash) literally means a House of Interpretation or Lecturing or Learning in Hebrew. ... Vaad, also transliterated as Waad, is a Hebrew term for a council of rabbis. ...

External links

  • The London Beth Din
  • Beth Din of America
  • Beth Din of South Africa
  • Beth Din - Rabbinical Council of California


Jewish life topics
Birth: Brit milah | Zeved habat (Simchat Bat) | Hebrew name | Redemption of First-born (Pidyon Haben)
Coming of Age: Upsherin | B'nai Mitzvah
Adult: Ablution in Judaism | Prayers and blessings
Marriage: Matchmaking | Jewish view of marriage | Role of women in Judaism | Niddah | Mikvah | Tzeniut
Judaism : Religious life | Observing the commandments | Torah study (Weekly Torah portion) | Talmud study (Daf Yomi) | Jewish holidays
Cultural: Israel | Immigration into Israel | Charity
Items of religious significance: Tzitzit | Tallit | Tefillin | Yarmulke-Kippa | Menorah
Death : Chevra kadisha | Shiv'ah | Kaddish | Tehillim | Yahrzeit | Yizkor edit

  Results from FactBites:
 
cRc - Din Torah - Halachic Arbitration (667 words)
A Din Torah begins with the plaintiff filing of an application to open a case for the Beth Din, outlining the charges to be heard.
Where both parties do appear at a Din Torah, they are asked to sign a form which indicates their willingness to be bound by the decision rendered by the Beth Din.
To assist the Beth Din in this goal, it is kindly requested that phone conversations and/or correspondence involving the Din Torah be kept as brief and infrequent as is reasonable under the circumstances.
Beth din - Wikipedia, the free encyclopedia (1000 words)
A beth din (בית דין, Hebrew: "house of judgment", plural battei din) is a rabbinical court of Judaism.
In orthodox Judaism, a beth din needs to be made up of three adult Jewish males, at least one of whom needs to be widely knowledgeable in halakha (Jewish law), and must be sufficiently knowledgeable to instruct the other two members in any matters of halakha relevant to the case being heard.
Religious conversion: a ger tzedek ("convert" or "proselyte") requires a beth din to be accepted into Judaism; it is convened to determine whether or not a prospective convert is sufficiently prepared to enter the "Covenant of Abraham" and to join the Jewish people.
  More results at FactBites »


 

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