Exploring A Jewish Bet Din And Halakha

By Walter West


When it comes those whom believe all are children of God, there are different laws associated with God and men. For example, individuals of Jewish faith are often required to consult with a Jewish bet din, a court based on old testament teachings in Deuteronomy. In this teaching, the Torah provides that it is the responsibility of the people of different tribes to appoint judges and other officials to settle disputes among the people.

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.

In order to make a decision on a case, the beth din refers to halakha. In the beginning, the option of consulting with a court of this nature was only available to those living in areas with small populations. Currently, the men serving on this type of court are also considered part and parcel to the formal legal system in the area.

For people of the faith residing outside Israel, there are some national and local organizations which can be of assistance in locating a beth din. Two of the most well known and popular of these organizations are that of the Beth Din of Manchester, and the Beth Din of America. While this is the case, Halakha only prescribes that the court be made up of three men whom have knowledge of Jewish law, practices, rituals and tradition without having to be rabbis or part of any official organization.

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.

While serving in these personal aspects, the court can also be consulted with regards to dissolving oaths made in the last year, settling business disputes and awarding damages. When dealing with civil issues, most courts conduct proceedings in line with secular arbitration and halakha. For, in doing so, the proceedings are consistent with, and legally binding in a secular court.




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