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A beit din ( he, בית דין, Bet Din, house of judgment, , Ashkenazic: ''beis din'', plural: batei din) is a
rabbinical Rabbinic Judaism ( he, יהדות רבנית, Yahadut Rabanit), also called Rabbinism, Rabbinicism, or Judaism espoused by the Rabbanites, has been the mainstream form of Judaism since the 6th century CE, after the codification of the Babylonia ...
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...
of
Judaism Judaism ( he, ''Yahăḏūṯ'') is an Abrahamic, monotheistic, and ethnic religion comprising the collective religious, cultural, and legal tradition and civilization of the Jewish people. It has its roots as an organized religion in th ...
. In ancient times, it was the building block of the legal system in the Biblical Land of Israel. Today, it is invested with legal powers in a number of religious matters (''din Torah'', "matter of litigation", plural ''dinei Torah'') both in
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
and in Jewish communities in the Diaspora, where its judgments hold varying degrees of authority (depending upon the jurisdiction and subject matter) in matters specifically related to Jewish religious life.


History

Rabbinical commentators point out that the first suggestion in the Torah that the ruler divest his legal powers and delegate his power of judgment to lower courts was made by Jethro to Moses (
Exodus Exodus or the Exodus may refer to: Religion * Book of Exodus, second book of the Hebrew Torah and the Christian Bible * The Exodus, the biblical story of the migration of the ancient Israelites from Egypt into Canaan Historical events * E ...
). This situation was formalised later when God gave the explicit command to "establish judges and officers in your gates" ( Deuteronomy ). There were three types of courts (
Mishnah The Mishnah or the Mishna (; he, מִשְׁנָה, "study by repetition", from the verb ''shanah'' , or "to study and review", also "secondary") is the first major written collection of the Jewish oral traditions which is known as the Oral Tor ...
,
tractate A tractate is a written work dealing formally and systematically with a subject; the word derives from the Latin ''tractatus'', meaning treatise. One example of its use is in citing a section of the Talmud, when the term ''masekhet'' () is used i ...
''
Sanhedrin The Sanhedrin ( Hebrew and Aramaic: סַנְהֶדְרִין; Greek: , '' synedrion'', 'sitting together,' hence ' assembly' or 'council') was an assembly of either 23 or 71 elders (known as " rabbis" after the destruction of the Second Temp ...
'' 1:1-4 and 1:6): * The
Sanhedrin The Sanhedrin ( Hebrew and Aramaic: סַנְהֶדְרִין; Greek: , '' synedrion'', 'sitting together,' hence ' assembly' or 'council') was an assembly of either 23 or 71 elders (known as " rabbis" after the destruction of the Second Temp ...
, the grand central court on the Temple Mount in Jerusalem, numbering 71 *Smaller courts of 23, called a ''Sanhedrin Ketana'' ("small Sanhedrin"). These courts could pass the death verdict. These existed on two levels, the one higher in standing than the other: **The main cities 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 was found in villages with a population of fewer than 120 people. Any smaller court (including a court of three laymen) could not pass binding verdicts, and only dealt with monetary matters. Participation in these courts required the classical '' semikhah'' (rabbinic ordination), the transmission of judicial authority in an unbroken line down from Moses. Since the destruction of the Temple in Jerusalem in 70 CE, or at the latest the abolition of the position of Nasi in 425 CE, the transmission of ''semikhah'' has been suspended. Attempts in the 16th century to reinstate the ''semikhah'' were unsuccessful; Rabbi Yosef Karo was one of the recipients of this ''semikhah''. The Mishnah and
Talmud The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law ('' halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the ce ...
distinguish between ritual or criminal matters and monetary matters (''issurim'' and ''mamonoth''), and impose different regulations for them, with criminal cases generally having much more stringent limitations. Courts ruled in both kinds of cases. 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 There are various names of God, many of which enumerate the various qualities of a Supreme Being. The English word ''god'' (and its equivalent in other languages) is used by multiple religions as a noun to refer to different deities, or spec ...
and could give supernatural clues). Given the suspension of ''semikhah'', any beth din existing in medieval or modern times is in theory a court of laymen, acting as arbitrators. In practice, they are given greater powers than this by the local ''takkanot ha-kahal'' (community regulations), and are generally composed of experienced rabbis. Modern training institutes, especially in Israel, confer a qualification of ''dayan'' (religious judge), which is superior to the normal rabbinical qualification. Even though, normally, an Orthodox ''beth din'' requires a minimum of three Jews knowledgeable and observant of '' halakha'' (Jewish law), in new communities and exigencies, providing a thorough search has proved unfruitful, ''halakha'' provides that even one Orthodox Jew can establish a ''beth din'', since every Orthodox community is required to establish its own ''beth din''.


Present day

In Orthodox Judaism, the traditions state that a ''beth din'' consists of three observant Jewish men, at least one of whom is widely knowledgeable in ''halakha'', to be capable of instructing the other members in any matters of ''halakha'' relevant to the case being heard. The rabbis on the ''beth din'' do not have to be expert in all aspects of Jewish law, rather only the area in question. For example, a ''beth din'' for conversion need only have expertise in conversion, not necessarily in all areas of Jewish law. There are also a number of opinions that permit women to serve on a ''beth din''. One such opinion is Rabbi Ben Zion Uziel. Despite this, there are no Orthodox ''batei din'' currently with a woman as a member. In progressive communities, as well as in other non-Orthodox streams of Judaism, women do serve on the ''beth din''. In practice, a permanent ''beth din'' will consist of three rabbis, while a ''beth din'' for an occasional matter (such as handling religious vows) need not consist of rabbis. A ''beth din'' which handles cases involving complex monetary issues or large community organizations requires "judges" (''dayanim'', singular: ''dayan''), who require an additional ''semikhah'' (''yadin yadin'') which enables them to participate in such a ''beth din'' and adjudicate complex cases involving highly technical points of law. A ''beth din'' is only required for conversions and '' gittin'' (divorce documents), although lay people are permitted to sit on the ''beth din'' for conversions. In addition to this there are ''batei din'' around the world who supervise the following matters: *'' Kosher'' certification of restaurants and food manufacturers ('' Hechsher''). * Examination of shochetim and the control of the shechita inspectors * Supervising the building and maintenance of a '' mikvah''. * Determination of "personal status" (i. e., whether someone is a Jew according to ''halakha''). * The authorization and supervision of mohelim. * Questions relating to burial practices and mourning. A ''beth din'' is sometimes used within the Orthodox Jewish community to resolve civil disputes, with the
Shulkhan Arukh The ''Shulchan Aruch'' ( he, שֻׁלְחָן עָרוּך , literally: "Set Table"), sometimes dubbed in English as the Code of Jewish Law, is the most widely consulted of the various legal codes in Judaism. It was authored in Safed (today in ...
calling for civil cases being resolved by religious, instead of secular, courts (''arka'oth''). Modern Western societies increasingly permit civil disputes to be resolved by private arbitration, enabling religious Jews to enter into agreements providing for arbitration by a particular ''beth din'' in the event of a dispute. By this device, the rules, procedures, and judgement of the ''beth din'' are accepted and can be enforced by secular courts in the same manner as those of a secular arbitration association. For example, in a 2018 decision, the Court of Appeal in Ontario, Canada, enforced an arbitration decision by the New York rabbinical court tribunal Beth Din (or Bais Din) of Mechon L'Hoyroa, in Brooklyn. However, the decisions of religious courts cannot be binding without the prior agreement of both parties, and will otherwise act only as mediation.


Officers of a ''beth din''

A ''beth din'' may have the following officers: *
Av Beth Din The ''av beit din'' ( ''ʾabh bêth dîn'', "chief of the court" or "chief justice"), also spelled ''av beis din'' or ''abh beth din'' and abbreviated ABD (), was the second-highest-ranking member of the Sanhedrin during the Second Temple period, ...
(, literally "Chief of the Court", abbreviated / ABD) 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. Traditionally, the salaried rabbi of the local Jewish community served as the ''av beth din''. * Rosh Beth Din (, literally "Head of the Court", abbreviated ) is equivalent to a chief justice. He will be the senior member of a three-judge panel. In smaller communities, the ''av beth din'' also serves as the ''rosh''. *A Dayan (, rabbinic judge, plural: dayanim) sits and adjudicates cases. A rabbinic judge may directly question and
cross-examine In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and ...
witnesses In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
. The ''Dayan'' holds a specialized ordination titled '' Yadin Yadin''.


See also

* Rabbinic authority * Rabbinical Court (Israel) * Hefker beth-din hefker


References


External links


Gov.il: The Rabbinical Courts (Israel)

London Beth Din (UK)

Beth Din of America

The Johannesburg Beth Din

Beth Din of the Business Halacha Institute


{{DEFAULTSORT:Beth Din Jewish law Religious legal systems Courts by type Divorce in Judaism