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Saturday 16 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 initially formed to settle disputes, a court of this nature now has a great deal more responsibility. Originally made up of 71 rabbis, the court was later transformed into a panel of three Jewish men with an understanding of Halakha, ritual and traditions. For, the first court was formed to hand down a decision upon hearing a case.

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.

In order to decide a ruling, the court refers to the halakha which is the term for Jewish law. In the beginning, the option was only available to those living in small villages and towns. Currently, the three men are part and parcel to a formal legal system. As such, the court must be consulted for some ritual as well as all legal issues.

There are now some local and national batei din. Two of the better known of these courts are the Beth Din of America, and the Beth Din of Manchester. These organizations provide services to those wishing to consult a court of this nature whom is knowledgeable of the rituals and laws associated with Judaism.

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.

Other reasons for consulting a beit din include conversion from other faiths, marriage and dissolution of oaths. For, it is required that when an individual desires to convert to Judaism from another faith the person appear to express sincerity and answer questions related to the faith. Whereas, when uniting in marriage or dissolving an oath, the court must be present to change the status and supply documents.

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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